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HomeMy Public PortalAbout19980506 - Agendas Packet - Board of Directors (BOD) - 98-10 Regionalis r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i Meeting R-98-10 SPECIAL. MEETING BOARD OF DIRECTORS AGENDA* 6:00 P.M. 330 Distel Circle Wednesday Los Altos, California May 6, 1998 *** PLEASE NOTE*** 6:00 P.M. Special Meeting Start 7 me (6:00) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder BOARD BUSINESS (6:15) 1. Review and Comment on the Results and Draft Products of the Regional Open Space Study Process; Review and Confirm the Next Steps and Schedule Additional Meeting(s) to Finalize the Study Products and Review the Financial Implications -- R. Anderson (7:30) 2. Proposed Approval of Assignment of Lease to Leslie Pantling and Thomas Kreidler for the Historic Picchetti Winery, Monte Bello Open Space Preserve M. Williams *** 3. Authorization for General Manager to Grant Prorated Management Administrative Leave to Planning Program Team Leaders and Long-Term Acting Program Managers -- C. Britton (7:40) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent item) ADJOURNMENT 330 Distel Circle * Los Altos,CA 94022-1404 Phone:650-691-1200 FAX: 050-691-0485 * E-mail: mrosdnopenspace.org * Web site:www.openspace.org Board or Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz m General Manager:L.Craig Britton Meeting 98-10 Page 2 *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. MEMORANDUM May 6, 1998 TO: Randy Anderson FROM: Betsy Crowder RE: Ross Workshop 5/6/98 Here are my comments on the ROSS workshop. Please distribute these to other Board members. Attachment 1 #1 Don't agree with issue 1, it's a trap. #2 Coastside should be a separate process but folded into ROSS eventually. #3 I agree with phasing out our Baylands commitment, turning it over to USFWS. #4 I feel strongly we need to I Linil public access to a) protect the land; b) remove perception we are a"recreation" district; and c) keep some areas closed to all public access. Add here that access is hiking just, then other uses as conditions and resources warrant. #5 More comments on Basic Policies further on. #6 Do= spend resources on public drinking water. People can bring their own. See#4. #7 No "technical" trails. See#4. Is Recreation not Preservation. #8 YES! #9 YES! #10 YES - see#4 #14 This overall planning can be in conjunction with"Wilderness Study". #15 Need to analyze costs applicable to various uses, to go with#14. Attachment 2 Questions on map: 1. Shows several trails west of La Honda Creek Open Space Preserve. These do not correspond with San Mateo County Trails Plan. Where are they from? 2. Ano Nuevo trail along bluff-top does not exist (even tho it's on their map). I've tried it! Should be red. In Map Features, I am not in favor of car and recreational vehicle camping on any District lands. Text should assure these are only lands of other agencies. Attachment 3 Mission Statement - I prefer Alt 1. 1 agree on need to address baccharis invasion etc. Objectiv -Needs, or will need, revision if coastside expansion is approved. Also want to remove Baylands, give to Feds. Don't agree with issue 1, its a trap. Issue 2 OK; Issue 3 yes. We will need to expand our Master Plan if we expand our boundaries. Under Public Access- Revise last lines"...public access...to everyone..." (eliminate"to its lands") in line with limiting access to sensitive areas. Attachment 4 #10 on Trail Design Guidelines should be part of#1 (Trail Use Policy and Guidelines review) and #6 (Resource Evaluation Procedures/Inventory System) Regional 01.)en _mle mm R-98-59 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-10 May 6, 1998 AGENDA ITEM 1 AGENDA ITEM Regional Open Space Study Workshop GENERAL MANAGER'S RECOMMENDATIONS 1 Review and comment on the results and draft products of the Regional Open Space Study process: 0 Key planning issues raised during participation process 0 Draft Regional Open Space Study Map 0 Draft Basic Policy document (including consideration of Mission Statement Alternative 1 as modified) 0 Overview of financial implications of the study (detailed review to occur at subsequent meeting) 2. Review and confirm the next steps and schedule additional meeting(s) to finalize the study products and review the financial implications. DISCUSSION At your December 20, 1995 meeting, anticipating the milestone of the District's 25th anniversary, you authorized staff to initiate a multi-phase project to solicit public input toward updating the District's Basic Policy document and reviewing the current status and potential future of District and other open space protection and public access on the Peninsula (see report R-95-147). The Regional Open Space Study is intended to illustrate a concept of what may be desirable as a future greenbelt on the Peninsula. The study is not intended as a commitment to fund, approve, or implement any specific acquisitions or improvements, but as a tool for ongoing study and discussion as the District pursues its open space preservation mission. The project evolved from a January, 1994 Board workshop on goals and objectives at which four staff assignments were identified: 0 Draft a mission statement and definition of the greenbelt 0 Review and update the Basic Policy (the District's "constitution") 0 Prepare a map showing existing lands and existing and planned improvements 0 Review potential or desired lands and improvements 330 Distel Circle - Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 , E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siernens,Mary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton R-98-59 Page 2 The last assignment was interpreted to include review of the financial implications of protecting the land, building the improvements, and providing stewardship. The Regional Open Space Study map area was designed to cover the entire Peninsula from the Bay to the coast to include the setting in which District lands occur. It shows open space lands and parks of other agencies and organizations for the same reason. While it is only the District's study, it is an opportunity to look at potential joint projects or management sharing or exchanging with other agencies. The overall objectives of the project are to • Communicate the concept of the greenbelt to the public by generating an image of the potential greenbelt based on input from interested and involved parties • Identify projects and subjects for further planning and discussion • Provide a means of studying the financial implications of the future greenbelt • Provide a means to measure future progress against potential • Gauge and generate interest to support completion of the greenbelt On January 27, 1996 the first in a well-publicized series of workshops to review the Basic Policy was held, culminating with a final review on November 20, 1996 (see report R-96-123 and the revised Policy document distributed January 3, 1997, included here as Attachment 5). You directed that the Policy document would be considered a draft, to be revisited after the map study portion of the project. On August 14, 1996 you determined that the Regional Open Space Study project is categorically exempt from the California Environmental Quality Act (CEQA) (see report R-96-87). During 1997, an extensive series of input workshops and meetings was conducted on the District's goals and priorities. Staff-level workshops were held for District staff and staff of other agencies and organizations involved or concerned with open space. Public Board workshops were held in each region of the District. The public meetings were widely noticed, including the entire District newsletter list, all pertinent local agencies and organizations, display ads in major newspapers, several prominent newspaper articles, and radio announcements. Special workshops were also held for District docents and volunteers, for the San Mateo and Santa Clara County Parks and Recreation Commissions, and the Boards of the Santa Clara County Open Space Authority and Peninsula Open Space Trust. Based in part on ideas expressed at the workshops and meetings, and in part on staff research and input from staff of other parks and open space agencies and organizations, a draft Regional Open Space Study Map was prepared and revised many times. The map gives an overview of existing protected open space lands and public access trails and facilities on the San Francisco Peninsula, and shows potential additional protected lands, trails, and facilities. The map shows existing protected lands on the San Mateo County coast and includes some potential trail connections and facilities there, but does not address the coastal protection questions that have I' i R-98-59 Page 3 recently been taken up by the Board under a separate study. The study map and a very basic analysis of the financial implications of the potential greenbelt were reviewed at two widely-publicized Board workshops in October 1997, and the map and basic information about the study have been provided to the cities and both counties within the District. Presentations about the study were made to all of those agencies who responded to the District's written offer toma e aformal report at their public meeting. All agencies were encouraged to provide comments or questions about the study or on the map. At your May 6 workshop you will have an additional opportunity to hear public input and to review the previous comments. Public and agency staff who signed in at the meetings and workshops in 1997 have been notified of the May 6 meeting. Based upon your direction, staff will amend the map, explanatory materials, and Basic Policy text, and return to you for final approval before the study products are published. Thereafter the Regional Open Space Study Map and related materials will remain as tools for communication with the public and other agencies and a basis for more detailed planning, to be revised and re-published from time to time as conditions or objectives change. The Regional Open Space Study was initiated prior to the study of preservation of open space land on the San Mateo County Coast. While the map shows the coastal area and some connecting trails, it does not address potential open space protection on the coast, which is being studied in a separate process, including the recent public input meetings in Pescadero and Half Moon Bay. A workshop on the coastal issues is scheduled for May 20. If plans proceed for District annexation, the Regional Open Space Study could be expanded in the future to include this area. Issues and Ideas from Public Participation Process (see Attachment 1) Over 25 staff, agency, and public workshops or meetings were held during 1997 for the Regional Open Space Study. Many of them included a discussion survey and all included the opportunity to make individual comments. Many of the results supported existing District policies and practices. Results that raised significant new issues or ideas about the District's policies or practices were organized into common themes, as summarized in Attachment 1. Pertinent sections of the Basic Policy are noted, along with subsequent comments from staff about the issue. The detailed results of the survey and specific individual comments are provided in Attachment 5. Draft Study Man (see Attachment 2 for definitions and comments) The study map has been available for public review for approximately eight months. Due to the high cost of reproducing the complex multi-color map, the District has not been able to provide copies upon request, but has kept the map on display in the lobby of the administrative R-98-59 Page 4 offices, the field offices, and at all the workshops and meetings. Further explanation of the map and definition of its features, and comments received on the map since the most recent revision on March 9, 1998 are included as Attachment 2. Office staff comments include some ideas for information to appear on the reverse of the map. Following final Board and public review, and confirmation of the information to be provided on the reverse of the map, the map would be printed for wide-scale distribution. Basic Policy Review Attachment 3 provides the draft Basic Policy as finalized in November, 1996 with some highlights and proposed modifications. Potential policy issues identified during the study, as outlined in Attachment 1, have been highlighted within the text, along with current or future projects in which some of the issues can be addressed, and some policy language and format amendments suggested by staff. Financial Implications of the Study One of the assigned objectives of the study was to examine the financial implications of the potential future greenbelt. To accomplish this, the lands and facilities for the District's part of the existing and potential greenbelt were quantified in a series of spreadsheets. Based on historic and current costs for acquisition, improvement, and management, the cost of acquiring, improving, and managing the potential future greenbelt was estimated. If the ideas shown on the draft study map were implemented, which requires making some assumptions about ownership and management, the amount of open space land managed by the District would approximately double, from 40,811 to 76,393 acres. Inherent in this scenario is the assumption that a substantial amount of the potential open space would be held as easements, with limited public access. An additional 9,000 acres of greenbelt land along San Francisco Bay and in the Santa Cruz Mountains is assumed to be acquired and managed by other agencies in this scenario. The number of staging areas managed by the District in this future scenario increases from 13 to 33. In addition, five new staging areas managed by others are envisioned. Trails managed by the District would increase from approximately 250 miles currently, to over 600 miles. Examining the financial implications of the study requires making an additional series of assumptions and linking them together in appropriate charts and graphs. This becomes extremely complex to illustrate and amend. Staff's objective is to make the results as simple as possible, to allow the Board to focus on future alternatives. A separate meeting is recommended for review of the basic structure of the financial model and for the Board to select the scenarios that they would like to see modeled. Like the map, the financial model R-98-59 Page 5 would be a tool to be used for ongoing planning rather than a conclusion in itself. Potential Next Steps In addition to reviewing the financial implications and confirming the configuration of the map, the completion of the Regional Open Space Study process should include reference to what happens next in the District's long-term planning process. The map and study illustrate and quantify the potential future greenbelt, but do not provide direct guidance for plans or priorities. Several other projects are underway, planned, or contemplated in the District's Attachment 4 briefly describes these projects Work Program that may provide such guidance. ttachme t y p � and their potential relationship to the Regional Open Space Study or to each other. These descriptions are provided for reference and discussion purposes. The "potential" projects on the list have not yet been confirmed by the Board. The objective in reviewing these properties is to identify ways in which the projects can support each other to further the overall goals of the District. Provided that the Board completes review of the study map and Basic Policy on May 6, the next step will be to schedule a time for review of the financial implications in more detail and confirm the layout and quantities for printing and distribution of the study map. This would complete the Regional Open Space Study project as originally directed. Prepared by: Randy Anderson, Senior Planner Contact person: same as above Attachment 1 Key Planning Issues Raised in Regional Open Space Study Workshops Over 25 staff, agency, and public workshops or meetings were held during 1997 for the Regional Open Space Study. Many of them included a discussion survey and all included the opportunity to make individual comments. Many of the results supported existing District policy and practice. Results that raised significant new issues or ideas about the District's policies or practices were organized into common themes, and summarized below. • Pertinent sections of the Basic Policy, other potential projects in which these issues may be addressed, and subsequent comments from staff`'about the issues are noted in italics. Land Acquisition/ Open Space Protection 1. Focus acquisition priorities on completing existing preserves and buying key parcels with unique natural resources as a first priority, with a lower priority for completing the maximum possible greenbelt (from survey results, question 1). • See Basic Policy Objective 1. • Address in Regional Open Space Priorities project (see Attachment 4, item S). • Maintain above policy except in response to threat or opportunity. 2. Expand the District's mission to protecting open space on the San Mateo County coast (from survey question 4). • Being considered as a separate process, including a public workshop on May 20. • See Basic Policy Objective 1. • Where will the money come from? Will this take funding or attention away from the rest of the District, especially the as yet undeveloped south area? • The District should spend money to protect the coast only if other agencies and organizations will not - a last resort. • Management responsibilities and costs should be carefully considered. • Public access on the coast should be minimized to avoid management cost- focus on agricultural preservation. 3. Clarify the District's role on the Bay -- take a position of helping, but not owning or managing Baylands (from 4/18/97 staff workshop). • See Mission Statement and Basic Policy Objective 1. • Address in Regional Open Space Priorities project (see Attachment 4, item 5). • National Wildlife Refuge or cities to own and manage baylands? • i.e.funding, help negotiate acquisitions, provide technical support. 1 Public Access and Improvements 4. Constrain the rate of public access and associated costs to provide more funding for acquisition (from survey question 2). • See Basic Policy Objective 3, Policies b. and d. • Address in Regional Open Space Priorities project (see Attachment 4, item 5). • Objective of limiting access is also to protect the land, provide proper stewardship. • Many people still equate "open space" with recreation - need to emphasize stewardship in public information. • Without a having a schedule and sticking to it, limits on access create frustration for the public. • Some sites are difficult to close - may end up spending as much money to keep closed as to open (this is truer in the south area where there is a history of unauthorized public access). 5. Clarify policy, process, priorities, and plans for the rate, order, and ultimate extent of access and improvements that will be provided (from staff workshop 4/18/97). • See Basic Policy Objective 3, Policies b. and d. • Address in Regional Open Space Priorities project (see Attachment 4, item 5). • A strong link to management costs should be included in the planning. • The south area of the District is underdeveloped in terms of public access (parking, single track trails) - needs to be a priority. • Should have a plan and stick to it. 6. Put planning emphasis on developing multi-agency information kiosks, more backpack camps, emergency phones, drinking water, and improved maps and signs (from survey question 6). • Address in Open Space Use and Management Policy Revision (see Attachment 4, item 7). • Consider in developing Planning Work Program and in Sign Committee. 7. Develop designated "technical trails" -- minimally improved, technically challenging trails in rough terrain, determine whether they should be multiple use. Also designate one-way bike trails (from survey question 7). • Study in conjunction with Trail Use Policy and GuidelineslWilderness Policy Review (see Attachment 4, item 1). • Random off-trail use may be more harmful to the environment than building trails and concentrating use on them. • Current policy of allowing hikers to walk anywhere leads to creation of 2 unauthorized trails that are then difficult for other users to distinguish from designated trails. Resource and Use Management 8. Designate "wilderness areas" with little or no developed trails or facilities, and "sensitive habitat areas" with seasonal or permanent limitations on public access, such as docent-led access only (from survey question 8). • See Basic Policy Objective 3, Policy b. • Study in conjunction with Trail Use Policy and GuidelineslWilderness Policy Review (see Attachment 4, item 1). • The District doesn't have real wilderness - better words would be "natural', "undeveloped', "wildlands" or "unimproved". 9. Address environmental conditions more carefully in District planning decisions (from 9/25/97 public workshop). • Address in Resource Evaluation Procedures project (see Attachment 4, item 6). • Need GIS technology and updated planning procedures to accomplish this. 10. Determine whether bicycles, dogs, horses, and other "special" uses have more significant impacts on land, wildlife, or management cost than "basic" pedestrian access, and whether the District needs to take a different approach in managing their use (from 9/16/97 Docent workshop). • See Basic Policy Objective 3, Policy d. • Study in conjunction with Trail Use Policy and GuidelineslWilderness Policy Review (see Attachment 4, item 1). • Need to further define objectives, "basic" vs. "special" use. • District-wide system of trail standards doesn't work- too many exceptions. • Standards should apply to all users, i.e. horses in winter. 11. Further define the term "natural" in the District's Mission Statement -- i.e. do we want successionary processes such as brush invasion into grassland to continue (from 2/21/97 staff workshop)? • See Basic Policy Mission Statement, Objective 3, Policies b. and d. • Address in Resource Evaluation Procedures project (see Attachment 4, item 6). • Brush invasion may not be natural if fire has been suppressed as a natural component of the environment. • There should be a social component in the definition of "natural". The Preserve landscapes invariably require human intervention, and grasslands are a valuable part of the open space experience. 3 I�i f _ li ie from 2/21/97 staff workshop). 12. Further define the District's agricultural use policies 8 Po ( P) • See Basic Policy Objective 3, Policy f, and Resource Management Policy 10.1 - 10.3. • Address specific to San Mateo Coast through separate process (See Number 2 above). 0 Need to have longer lease terms and other measures to support agricultural use. • Agricultural use should be supported as part of the historical context. Pl, a�nning Methods 13. Clarify when and how the Regional Open Space Study will be used and updated from 9/25/97 public workshop). • See Basic Policy, Objective 1,paragraph d. • Study is not a plan, but plans and actions should be compared to the study. + Should be reviewed/updated annually in conjunction with the Work Program. • Need to get to the point of a plan - need to have clearer regional priorities, not piecemeal planning and management. 14. Provide more overall guidelines for developing and managing the preserves -- to avoid micro-management and micro-planning (from 2/21/97 and 4/18/97 staff workshops). • See Basic Policy, Objective 3, Policies b. and d. • Review in Open Space Use and Management Policies Revision project (see Attachment 4, item 7). • Uncomplicate the process, move the authority for decisions down the ladder. • Maintain/improve interdepartmental and interagency coordination while streamlining the processes. 15. Consider operation and maintenance cost impacts more carefully when planning trails and other improvement projects. Determine the acceptable standard of care (from 2/21/97 and 4/18/97 staff workshops). • Address in financial implications analysis portion of Regional Open Space Study. 0 Address in Regional Open Space Priorities project (see Attachment 4, item 5). • Address in Phasing Plan for Opening and Improving Sites (see Attachment 4, item 8). • Rangers are impacted by land acquisition regardless of public access. OSTs are impacted by facilities, whether acquired or constructed. Rangers are impacted by parking and trail construction due to management requirements. 4 Attachment 2 Draft Regional Open Space Study Map Overview Project Definition The Regional Open Space Study is intended to illustrate a concept of what may be desirable as a future greenbelt on the Peninsula. The study is not intended as a commitment to fund, approve, or implement any specific acquisitions or improvements, but as a tool for ongoing study and discussion as the District pursues its open space preservation mission. The map will be available on an ongoing basis for review and comment and be revisited and revised based on progress, comments, and changing conditions. It is a tool for communication with the public about ideas for open space preservation and public access. Definitions of Map Features Potential_ Open Space Lands: Lands that are largely undeveloped in large holdings in the Santa Cruz Mountains and on San Francisco Bay that should be considered for potential protection as part of a regional greenbelt. Key points about potential open space: • Lands shown as potential open space are not proposed for acquisition - they are identified for study and to get public feedback regarding potential future protection. • Preservation may include purchase of fee ownership, conservation or trail easements, life estates, inholdings, or other arrangements on a willing seller basis. • Power of eminent domain is used only rarely in response to direct threat of major development, or for tax benefit to the sellers (see Land Acquisition Policies). • In any case, not all the areas indicated as potential open space would be protected or managed by the District. Other agencies and organizations are and will continue to be involved in open space preservation. • Potential open space lands are not shown outside of District boundaries except where considered strongly related to areas within District. Urban/ Subdivided Land: Areas that are developed and/or subdivided to an extent that it is not practical to consider their potential for large-scale open space. Trails: • Existing trails and facilities are shown in black. Potential future trails and facilities are shown in red. 1 0 Some existing trails on public land are not accessible due to intervening private property or other limits on public access. This is a planning study and not a map of public access, • Map only shows maji-ol trails and facilities - doesn't speak to trail use designations • Map attempts to show all potential future major trails and facilities - they would not all be District facilities, and some may be alternatives to each other. • As with land, trails and facilities are shown for feedback purposes, not as a proposal. If ever implemented, several stages of further planning, public review, and decision- making would be required. Field Office* Currently the District has major facilities at Rancho San Antonio and Skyline Open Space Preserves to serve the Foothills and Skyline areas respectively. Other existing county or state ranger facilities are also shown. The potential future facilities may be regional substations - not necessarily major office/shop complexes. Historic Structures: Existing buildings or other structures which are deemed significant enough to be preserved and restored. Potential historic structures imply some level of permanent protection and support. Educational/IntMretive Facility* Includes nature centers, interpretive farms, visitor's information centers, and similar staffed facility with access for the general public. Information Kiosk: A small structure, not staffed, typically located at a major rural highway intersection or other stopping point, providing information about park and open space access opportunities in the region. Wildlife Observation Platform* A structure to facilitate viewing wildlife or the landscape, while limiting or directing public access at the site. Back=k Camp* A primitive campsite or set of campsites, not accessible by vehicle. Typically toilets and water will be available, though not necessarily potable water, and stoves will be allowed but open fires not allowed. Youth Hostel or Hiker's Hut* Youth hostels are typically dormitory-style overnight accommodations which are staffed and may include meal service. May be limited to youth or available to any age. Hiker's huts are simple cabins or structures which are available for overnight use and are not staffed. Car and Recreational Vehicle Campingo Formally-developed facilities for camping in or with direct access from vehicles. Includes restrooms and water at minimum, and may include showers, and other more extensive support facilities. 2 Improved Parking Area: A formally-developed public parking area providing access to park or open space lands, including restrooms, and trailhead signs and maps. Number of parking spaces at District lots may vary from 20 to 50 spaces. Other agencies' parking areas may be significantly larger. M,I-jor Trails: Trails which provide connection between parks and preserves or to urban areas or key internal loop trails. Existing trails include segments which are on public land but not are not currently accessible to the public. Some potential trails also exist physically but are not legally accessible. BBAv Area Ridge Trail/ Bay Trail: As above and also a designated portion or potential alignment of the regionally-adopted Bay Area Ridge Trail project or San Francisco Bay Trail project. Trails in the County Trails Plan: Major trails shown in the Santa Clara County Trails Plan, which is an adopted element of the County General Plan, or in the San Mateo County Trails Plan, which is currently a draft. Comments on the Regional Open Space Study Map latest draft, March 9, 1998 (Public) 1. In map legend - "Horizontal lines"; clarify what type of easements 2. Label Bair Island 3. Show Sugarloaf and Waterdog Park open space areas in Belmont 4. Southern trail shown "to San Mateo" is actually to Belmont. 5. The label "GGNRA" at top of map should read "to GGNRA". 6. The upper Tyson parcel is now inside District boundary, 7. Should the District boundary be differentiated from the sphere of influence (further limit is currently shown as one line)? 8. The Stanford Linear Accelerator should not be shown as potential open space. 9. The District boundary line is "buried" under Hwy. 84 north of La Honda. 10. The Skyline Field Office should be shown on the west side of Hwy. 35. 11. "Fall Creek State Park" west of Ben Lomond is actually "Fall Creek Unit, Henry Cowell Redwoods State Park". 12. There are several additional "potential open space" areas: • South of Burleigh Murray State Park within District boundaries • Just north of the intersection of Hwy. 35 and Page Mill Road • Outside District boundaries between La Honda and Pescadero Creek County Park • South of District boundary between Pescadero Creek County Park and Castle Rock State Park • The old quarry area adjacent to the northeast corner of Fremont Older Open Space Preserve 3 J (Foothills staff) 1. There should be an educational/interpretive facility at Rancho de Guadalupe. 2. An information kiosk should be located on Mt. Umunhum. 3. There is also potential for a youth hostel, hiker's hut, and/or horse camp at Mt. Um. 4. The potential parking area at Mt. Bache (Pelican Timber property, bottom of map) will be a security problem due to remote location - should look at a closer- in site. 5. The field office at North property should eventually be more than a substation. Location at Rancho de Guadalupe might make more sense as a future high use area ex -maintained road at North. t for advantage of Co. �P g 6. We need to build fewer, larger parking areas in the future - more regional. (Skyline staff) 1. Be more explicit in legend that "potential Open Space" does not necessarily mean acquisition 2. Some areas shown w/ potential protection and/or facilities are highly sensitive (i.e. Stevens Canyon and Portola Heights). Will showing them set off controversy like the infamous "list"? 3. There are too many trails shown, i.e. in Albert Canyon, Mills Creek, Audubon property. Fragmenting habitat. 4. Sierra Azul is appropriate as a low access area. 5. If more single track trails are needed they should be concentrated near parking areas. (Office staff) 1. The map legend should be changed to read "Horizontal lines indicate open space easement or part ownership (color indicates owner type per above)". 2. Consider changing "Potential Open Space" to "Lands worth considering for open space protection". 3. Add under Potential Facilities legend: "Note - Potential facilities include adopted or unadopted plans on existing public lands and concepts shown for discussion purposes on private land. Some trail alignments and facilities may be alternatives to each other". 4. Suggested information to be provided on the reverse of the Regional Open Space Study Map: • Introductory text adapted from "Escape to Open Space" visitor guide - "Welcome to Open Space" and "About the Midpeninsula Regional Open Space District". • Text of the Basic Policy (would also be published in a brochure similar j to previous version). • Elaboration on Basic Policy statements about use and update of the Study. • Information about how planning decisions are made. • Information about the financial analysis component of the Study (example of financial graph?). • "Definitions of Map Features". 4 Attachment 3 Basic Policy Revision Draft 11/20/98 (with notes and proposed amendments) Notes: native and endangered species. 1. Issues raised in Regional . Offers opportunities to the public for Open Space Study education, recreation, and renewal of Workshops are noted in spirit. pertinent sections with staff recommendadons on . Enhances public safety by preventing how to address. development of areas prone to landslides, earthquake damage, flooding, and wildland fires. 2. Amendments or clarifications of policy Establishes boundaries for urban language suggested by staff growth, provides a respite from urban are shown by shown by living, and enhances regional quality of and strikeouts. life. INTRODUCTION In short, open space is "room to breathe."' "...to try to save for everyone, for the MISSION STATEMENT hostile and indifferent as well as the committed, some of the health that flows Alternative 1 down across the green ridges from the Skyline, and some of the beauty and The District's mission is: refreshment of spirit that are still available to any resident of the valley who has a To acquire and preserve a regional moment, and the wit, to lift up his eyes greenbelt of open space land in perpetuity; unto the hills." protect and restore the integrity of the -Wallace Stegner natural environment; and provide opportunities for public enjoyment and education, consistent with ecological Open space: values. • Is land area that is allowed to remain in Alternative 2 or return to its natural state. Open space lands may include compatible To acquire and preserve a regional agricultural uses. greenbelt of open space land in perpetuity; protect and restore the natural environment; • Protects areas of scenic beauty and and provide opportunities for ecologically preserves natural habitats necessary to sensitive public enjoyment and education. sustain plant and animal life, especially Issue 11: Further define the term "natural" in the District's Mission Issue 3: Clarify the District's role on the Statement -- i.e. do we want Bay -- take a position of helping, but not successionary processes such as brush owning or managing Baylands. Possibly invasion into grassland to continue? schedule separate policy discussion to Address in Resource Evaluation determine - or address in Regional Open Procedures project (see Attachment 4, Space Priorities project (see Attachment item 6),future review of Resource 4, item S). Management Policies. OBJECTIVES Policies District Purpose 1. Open Space Land Preservation: The District seeks to purchase or otherwise a. As an open space agency, the District's acquire interest in the maximum feasible primary purpose is to preserve open space. area of strategic' open space land within Development of traditional park and the District, including baylands and recreation facilities is the responsibility of foothills. The District seeks to link its the cities and counties.3 open space lands with federal, state, county, and city parklands and Strategic Emphasis watershed lands. b. The District uses its available resources primarily to acquire or otherwise preserve Issue 1: Focus acquisition priorities on land outside the Urban Service Area completing existing preserves and buying boundaries of cities that has regionally key parcels with unique natural resources significant open space value and that might ahead of commitment to completing the be lost to development if the District fails maximum possible greenbelt. This issue to act.' covered by use of word "strategic" and footnoting Acquisition Policies The District's goal is to acquire lands within its own boundaries and Sphere of Influence. Acquisitions outside the District's boundaries will be considered Issue 2: Expand the District's mission to only if exceptional purchase opportunities protecting open space on the San Mateo arise that clearly support the District's County coast. Currently under mission.' consideration by separate Board study process. Open Space Acquisition c. The District acquires land most often through fee simple interest (outright ownership). Options and installment purchases may be employed to this end. ON . The master plan sets forth To conserve funding for preservation, the guidelines for District acquisitions and District may seek to preserve open space shows the relative desirability of potential without outright ownership of the land. open space land acquisitions. The regional The District may act as a land bank through open space plan$W� shows the general acquisition of less than fee interest to extent of lands to be pre.ived and public accomplish the same results with less access improvements to be providm immediate expenditure of the District's to complete the District's funds. Examples include acquisition of a greenbelt mission. Both puns 40WM" remainder interest following a life tenancy; are subject to periodic review and open space, conservation, or scenic modification by the Board of Directors easements; and purchase and leaseback after public hearings. ,T­,hR ...... V arrangements. The District actively strives to acquire open space through gifts and Both plans 4044#" matching grants. Gifts of land with life are submitted to the counties, cities, and tenancy are encouraged. Other creative other conservation-oriented local, state, and open space preservation techniques are federal agencies and organizations for explored and utilized when possible.6 review and comment in order to encourage with their The District desires to acquire open space planks. from willing sellers. Eminent domain will ordinarily be used within the District's Issue 13: Clarify when and how the boundaries and sphere of influence, and Regional Open Space Study will be used only iif *............ an. ..........­�....... d updated. Addressed by edits :00W ................ .... ............. recommended above. WUM: It ........ in those instances where all reasonable attempts at voluntary negotiations have failed, the property in question is "'"," necessny to the District's open space program, and where there are no feasible 2 3. Open Space Management: The alternate acquisitions that would achieve the District follows management policies that District's objectives in a timely manner';; ensure ensure proper care of the land, that 10 ........ ......... .............. ................ W provide public access appropriate to the ............................... .0 ... :,!7 nature of the land, and that are. ... . .........I. .... Staff comment - Need to clarify consistent with ecological values and statements about use of eminent domain. public safety.9 Policies Master Plan, Regional Open Space Pbrn S" Resource Management d. To guide the District's open space a. The District protects and restores the preservation efforts, the District produces a natural diversity and integrity of its master plan and a regional open space plan resources for their value to the Issue 14: Provide more overall environment, and the public, and provides guidelines for developing and managing for the use of the preserves consistent with io the preserves -- to avoid micro- resource protection. management and micro-planning. Issue 11: see Mission Statement Address in Open Space Use and Management Policies Revision (see Public Access and Constraints Attachment 4, item 7). Issue 15: Consider operations and b. The District provides public access to management cost impacts more carefully the open space lands for low-intensity when planning trails and other recreational uses. The District's highest improvement projects. Determine the priority is acquiring land to complete the acceptable standard of care. Review greenbelt and to protect natural resources overall long-term trends as part of on open space land. Public access will be provided gradually to ensure that the higher R.O.S.S. project. Address in Open Space priorities of acquisition and resource Use and Management Policies Revision protection are maintained." (see Attachment 4, item 7). Issue 4: Constrain the rate of public Developing facilities and managing public access and associated costs to provide use activities while protecting natural more funding for acquisition. Existing language in Basic Policy is sufficient. resources and providing for public safety Interpret through Regional Open Space may require limits on access to some open Priorities project (see Attachment 4, item space lands. Areas found to be vital 5) wildlife or plant habitats are designated as refuge areas, and in these areas access will Issue 5: Clarify policy, process, be severely restricted. In addition to priorities, and plans for the rate, order, protection of sensitive natural resources, and ultimate extent of access and factors that may delay or limit access improvements that will be provided. include the carrying capacity of the land, Address in Regional Open Space geologic features, restoration efforts, the Priorities project (see Attachment 4, item ability to plan and implement trails, 5), and Phasing Plan for Opening and Parking, restrooms, mapboards and signs, Improving Sites (item 8). and identification and mitigation of potential safety hazards.12 Issue 8: Designate wilderness areas Agricultural, residential, and other limited with little or no developed trails or facilities, and "sensitive habitat areas" revenue producing uses of the land may with seasonal or permanent limitations limit public access in certain areas. Where on public access, such as docent-led appropriate, access may be provided on a access only. Address in Trail Use Policy Permit basis. Review (see Attachment 4, item 1). The District strives to provide public access to its lands to everyone, regardless of place I of residence, physical abilities, or not monopolize significant areas of natural economic status. (See Access Plan for land, do not significantly impact natural or Persons with Disabilities) aesthetic resources, and provide benefits such as environmental education, heritage Recreational Use and Improvements resource protection, or public enjoyment and appreciation of nature. The cost of c d. Improvements on District lands are management and exposure to liability of generally be limited to facilities (ie: these types of facilities and activities may parking areas, trails and patrol roads, be a factor in deciding whether to permit restrooms, mapboards, and signs) for low- them on District lands. intensity recreational uses. Low-intensity recreation includes activities such as nature Because of the District's commitment to study, hiking, horseback riding, bicy lcu*, maximum open space preservation efforts, informal picnicking, and photography. expenditure guidelines established for the Low-intensity recreation avoids amount of funding available for concentration of use, significant alteration recreational improvement projects and of the land, and significant impact on the restoration activities.15 natural resources or on the appreciation of nature.la Issue 4 and Issue 5 - see section 2.b. Issue 8 and Issue 14 - see section 2.b. The District works cooperatively with other governmental agencies and community * Issue 10: Determine whether bicycles, organizations to facilitate development and dogs, horses, and other "special" uses management of recreation facilities and of have more significant impacts on land, public use. The District ensures that such wildlife, or management cost than development is consistent with protection of "basic" pedestrian access, and whether important natural values of the open space. the District needs to take a different approach in managing their use. Possibly Public Safety schedule separate Board policy discussion or Address in Trail Use Policy d c. The District monitors and manages its Review project (see Attachment 4, item preserves to provide a safe environment for 1)• visitors and neighbors.13 Cultural Resources Special use facilities, (i.e. nature centers, e. Historic structures and sites may be historic structures, picnic tables, or protected by the District where they are backpack camps), and special use activities associated with lands acquired for overall (i.e. large recreation events, hang gliding, open space values. Due to the high cost of or off-leash dog areas), are considered on a evaluating, managing, and restoring such case by case basis. In some cases special facilities, the District depends on grant use activities may require a permit. These assistance, public-private partnerships, and types of uses may be allowed when they do outside assistance to support these .......................... i activities. Sites are evaluated for a. The District cooperates with and resources prior to an new encourages cooperation between archaeological P Y g Pe use or improvement which might impact governmental agencies, community the site. Archaeological resources are organizations, and individuals to preserve evaluated, protected, and made known to open space.' the public as appropriate to ensure their preservation." Participation Agriculture and Revenue-Producing Use b. The District participates in the public review processes of land use plans of other f. Agricultural use of District land, such as agencies and development proposals that grazing, orchards, and vineyards may be affect the District's mission. allowed when it does not utilize significant areas of natural land, does not significantly Joint Projects impact natural or aesthetic resources, does not unreasonably restrict public access, and c. The District explores and engages in provides benefits such as heritage resource joint projects to maximize the opportunities protection, fire hazard reduction, or income for preservation of open space. Examples to the District. Revenue-producing use of include interagency land management District land, such as rental residences, agreements,joint planning or research communications antennas, or special studies, and joint acquisition, improvement, commercial use such as filming, may be or resource management projects. allowed when it meets the above standards." Research Issue 12: Further define the District's d f3)g. The District supports the agricultural use policies. Are further development of scientific knowledge about defined in Resource Management natural and cultural resources and Policies, 10.1 - 10.3. Agricultural use management techniques through policies for the San Mateo Coast should cooperative arrangements with educational be considered under that separate study. and scientific institutions, and by supporting research on which to base its management and improvement decisions. Such studies shall not unreasonably restrict 3 2. Inter-Agency Relationships: The public access or significantly impact the District works with and encourages environment. private and other public agencies to preserve, maintain, and enhance open Advocacy space. e d. In order to better plan, acquire and operate a regional greenbelt of open space Policies preserves and trails, and to further cooperate in this effort with other Cooperation jurisdictions, the District may encourage and advocate preservation of open space by other governmental agencies. The District 5500. The District encourages and may support and encourage community welcomes public participation at its groups, non-profits, and other conservation meetings and make its actions, intents, and oriented groups in their efforts to urge decisions clearly visible to the public. other agencies to take actions which will help accomplish the purposes and goals of Public Input the District. c. The District encourages and welcomes communication from the public by being as accessible to the public as possible and by 4. Public Involvement: The District regularly soliciting public comments about educates and makes clearly visible to the what the District should be accomplishing public the purposes and actions of the and how it should proceed.20 District, and actively encourages public input and involvement in the District's Neighbor Relations decision-making process and other activities.19 d {3jh. In both the day-to-day conduct of its business and in the long-range planning for public open space preserves, the Policies District makes every effort to cooperate with preserve neighbors, to take into Public Information account their perspectives, to fully address their concerns, and to engage and involve a. The District works through a variety of them in the process of making decisions means and media to inform the public of regarding the preserves of which they are the District's goals and objectives, its short neighbors. Active management, patrol, and long-term plans, the critical need for maintenance, and public education are open space preservation, and the provided to minimize threats to public appropriate use of District lands. This safety, fire hazards, litter, noise, erosion, information is disseminated as widely as unsound use of the land, disturbance of possible throughout the District. Land- wildlife and vegetation, and trespassing.'$ owners and potential donors are adequately informed of the District's purpose and Participation goals, and of the possible methods of preserving land as open space. a d. The District seeks to involve the public in the operation and decision-making Meeting Procedures of the District and in general planning for acquisition and future use of open space b. The District diligently follows the lands through special workshops, provisions of the Ralph M. Brown Act committees and task forces, and public regarding open meeting procedures, and outreach activities. Through staff and will be guided by its enabling legislation volunteer programs, the District provides under the state Public Resources Code, ecological and environmental education and Article 3, Division 5, Chapter 3, Section fosters public appreciation of open space values. FOOTNOTES: 1. Open Space Acquisition Policies,Pg 3 District Operating Expenses and Annual Budget. 2. Open Space Acquisition Policies, Pgs. 2-6. 22. Public Resources Code, Section 5537 3. Master Plan/Open Space Acquisition Policies, Pg. 3; Land Acquisition Policies, Pg. 3,Par. F. 4. Master Plan/Open Space Acquisition Policies, Pg. 6. 5. Land Acquisition Policies, Pg. 3. 6. Land Acquisition Policies, Pgs. 5- 10. 7. Polices Regarding Use of Eminent Domain, Ordinance No. 86-1. 8. Open Space Acquisition Policies,Pgs. 9, 10. 9. Resource Management Policies 10. Resource Management Mission Statement 11. Resource Management Policies 12. Resource Management Policies 13. Good Neighbor Policy, District Land Use Regulations 14. Resource Management Policies 15. Average Six Percent Growth Guideline for District Operating Expenses and Annual Budget 16. Resource Management Policies 17. Resource Management Policies, Goals 10 and 11. NOTE: The public may obtain policy documents 18. Good Neighbor Policy,Public Notification by contacting District office during regular business Policies, District Land Use Regulations hours Monday through Friday 8:30 am to 5:00 pm. 19. Rules of Procedure, Notification Policies, Land Acquisition Policies, Pgs. 15, 16 20. Public Notification and Good Neighbor policies. 21. Average Six Percent Growth Guideline for Volunteerism c. The Board of Directors is the governing body of the District and determines all f-e. Through its volunteer programs, the questions of policy. The District is divided District encourages active public into seven geographic wards of participation in the maintenance, approximately equal populations, each restoration, and protection of its natural represented by an elected Board member.22 resources. In addition, volunteers assist the District in scientific research, and providing cultural, historical, and environmental education opportunities to the public. policies are intended sole guidance o P h'.for the 8 uid .f 5. Administration; The Staff These the Board f in the exercise o its discretion and are not administers the affairs of the District on intended to give rise to private rights or causes of behalf of the public so as to maximize action in individuals or other persons. The Board accomplishment of the goals and shall be the final arbiter as to any question of objectives of the District within existing interpretation of these policies. It is not the purpose of these policies to adopt any legal requirements. financial constraints. Failure to comply with these policies shall not affect the validity of any action taken by the District. Policies Cost Constraints a. Because the District is committed to maximum preservation efforts, administrative expense growth is limited by following an average annual operating expenses growth guideline, and by utilizing the help of other governmental agencies, private entities, contractual services, and volunteers.21 Professional Organization b. The District employs a highly capable and professional staff and provides them with the facilities and resources needed to run an efficient and responsible organization. Board of Directors Attachment 4 Current Planned or Potential Projects � J Related to Regional Open Space Study Currently Underway: : 1. Trail Use Policy and Guidelines Review; Wilderness Policy Review Revisit to address issues about trail use designations, g trail design guidelines, and g general levels of use and development in the preserves. Could result in changes or clarifications to the Basic Policy, impact the location or extent of desired trails and related facilities in future planning studies. 2. Coastal Annexation Studies Examining feasibility of expansion of District boundaries to include the San Mateo County Coast. Potentially could expand Regional Open Space Study for evaluation of potential lands and facilities (already included in map area but not fully evaluated). 3. QWrations Program Review Study to assess current Operations staff structure, methods, and practices of providing services and compares them to those of other similar agencies and industry standards. May have implications for Operations costs associated with the future greenbelt, to be factored into financial model. 4. GIS Development Develop digital maps and database (Geographic Information System) of district lands and adjacent areas. Facilitates more detailed study of open space preservation, resource protection, and public access needs and opportunities. Allows easier display and analysis of existing lands and facilities for planning and management. Planned for FY 1998/99: 5. Regional Open Space Priorities Workshops to study alternatives and preferences for the next stages in greenbelt acquisition and public access, more detailed examples of desired levels of access or protection. Relates to Trail Use Guidelines Review. Could lead to Phasing Plan for Opening and Improving Sites, Medium-Term Greenbelt Strategic Plan. 6. Resource Evaluation Procures/ Resource Inventory System Develop policies and procedures for factoring resources into land use and management decisions. Test methods of assessing resources to derive opportunities and constraints for planning. Begin to collect and organize environmental data on which to base planning decisions or more detailed studies. 1 Potential 1999/2000 FY and Near Term Projects (not yet confirmed by Board): 7. One_n_ Space Use and Management Policies Revision Formalize resource evaluation procedures, adopt format for comprehensive use and management plans, including thorough assessment of resources. Could include new standards, guidelines, and procedures for opening sites to the public. 8. Phasing Plan for Opening and Improving Sites Potential outgrowth of Regional Open Space Priorities project. General guidelines and specific targets for opening and improving sites based on consideration of ability to manage to protect resources and respond to recreational needs and opportunities. May relate to Use and Management Policies revision 9. Preserve/Regional Comprehensive Plans Preparation of site-specific plans consistent with new Open Space Use and Management Policies. May reflect changes in format, procedures, and areas of coverage; guidance from overall Phasing Plan. 10. Trail Design Guidelines A staff-level handbook for steps and construction details for trail maintenance and construction. Consistent with revisions to Trail Use Guidelines and Use and Management Policies. Facilitates trail planning and repair and coordination/permitting with other agencies. Long-Term Projects (primarily implemented through above projects): 11. System for Land Use Decisions A potential long-term goal (to be discussed and further defined during FY 1998/99). A complete and well-organized "operating manual" for the District, extending from Basic Policy to specific standards and procedures for planning and land management (focused on structuring and cross-referencing of existing documents rather than creation of new documents). 12. Medium-Term Greenbelt Strategic Plan A potential long-term goal (to be discussed and further defined during FY 1998/99). A general document/plan with a 5 to 7 year timeframe to guide the Action Plan and budgets of all District programs toward specific, quantified medium-term goals and priorities. Potential outgrowth of Phasing Plan for Opening and Improving Sites, and Regional Open Space Priorities. 2 Attachment 5 Summary of Workshop Results The participants in most of the workshops were asked to complete a multiple-choice survey about District goals and priorities. This survey was = scientifically designed. It was intended to facilitate discussion of planning issues. The survey questions were reworded slightly in the later meetings to make them easier to understand. On questions 4 through 8 the participants could add their own choices to the list before voting, and on questions 5 through 8 the participants could vote for their top three choices from the overall list to provide a greater spread in the results. At the four public workshops the audience was split into smaller groups; only the small group could vote on the "write-in" choices, so they may be more popular than the votes indicate. More detailed meeting-specific survey results, including the actual questions and choices, are available upon request. Analysis of Survey Results b; Question: Where survey results or comments conform to current District policy and practice they are summarized without comment. Where results present a new or significant issue relative to current District policy or practice, this is noted in italics. 1. Confirmed that preservation of Open Space is important to those who took the time to attend (94% critical or high priority). 2. Acquiring more Open Space land is a far higher spending priority (67%) than more public access (18%) or maintenance and management (15%). This result underscores that acquisition is far more important to all participating groups than speeding up public access. It may justify review of the District's policy and practices in opening and improving sites for the public. 3. Among management responsibilities, protecting and restoring natural resources had highest priority (57%) over trail and facilities maintenance (32%) and patrol for public use and safety (11%). Although consistent with policy, this result is inconsistent with spending, although resource management spending is projected to gradually increase. 4. As a theoretically unconstrained Acquisition Goal by far the most popular alternative 1 (50%) was to "fill in gaps to complete existing preserves, plus buy undeveloped parcels with unique natural resources that would otherwise be developed." There was a significant "write-in" vote for this alternative plus acquiring lands to the coast (12%). The third most popular choice was to "preserve all major undeveloped parcels in the baylands and hills (10%). This result is significant because it implies that the District's acquisition priorities should focus on key acquisitions to complete high priority preserves, plus key "special' acquisitions, rather than District-wide progress toward completing the entire greenbelt. Contrary to this notion there is significant interest in expansion of the District to the San Mateo County coast. 5. Acquisition priorities by types of land had a wide spread, the most popular being "regional trail connections" (19%), "land with high wildlife values" (22%), and "forested land in the Santa Cruz Mountains" (16%), and "woodland/grassland/chaparral in the foothills" (10%). 6. Among potential low-intensity recreation facilities other than trails, the most important were parking areas (22%) restrooms (19%) unstaffed information kiosks (12%) backpack camps (8%) drinking water (8%) nature center(s) (4%) and restoring historic buildings (4%). 7% of the votes were cast for no development of facilities. Among the "write-in" votes for facilities the most popular were more/better signs and maps, having emergency phone locations and numbers on maps, emergency phones (i.e. solar power), more access by public transportation. This input is consistent with the District's current program, except for the idea of pursuing multi-agency information kiosks, having more backpack camps, and drinking water. Providing drinking water in most District preserves is impractical, but where there is public water supply available, this could be incorporated into improvement plans. The emergency phone, map and sign improvements can be studied as part of the Planning work program and sign committee. 7. The most important types of trail improvements were "regional trail connections" (22%), "hiking only trails" (17%), "multiple-use trails" (12%), "short to medium trail loops" (11%), and "self-guided nature trails". Among the "write-in" votes, the most popular were "longer loop trails", "one-way bike loops", and "clearer signed trails". While these results are consistent with the District's general program for trail development, the weighting may be useful input in overall prioritization of trail plans. 8. Of alternative approaches to management of open space use, the most popular were to "try to keep all uses dispersed through the preserves - make use decisions on a case-by- case basis" (22%), "have 'wilderness areas' with no trails or facilities" (20%), 2 "prohibit public access in sensitive habitat areas such as wetlands and breeding areas" (20%), and "have hiking-only preserves" (12%). Among the "write-in" votes the most popular by far was to "provide only docent-led access in sensitive habitat areas", followed distantly by a wide spread of other ideas. These results are consistent with current District practice in that the District tends to make management decisions on a case-by-case basis, however the popularity of wilderness areas and limited access in sensitive habitat areas supports further investigation of these areas. They may be directly related to the Board's objective of revisiting the wilderness policy. Individual Comments from Workshops regarding Advance Planning: These comments have been identified from the overall list because each relates to a significant issue: 9/25/97 Hillview Community Center Public Workshop: • Environmental conditions need to be addressed in planning decisions. 9/16/97 Docent Workshop: • Bicycles are having an adverse impact on land, wildlife, and other users. 2/21/97, 4/18/97 District Staff Workshops: • Need to define "natural" in Mission Statement - do we want successionary processes to continue? • Need to further define agricultural use policies. • Need to study implications of potential District expansion to coast. • Clarify District future role on Bay - take a position of helping acquire but not managing? i • Clarify when and how ROSS is updated • Determine level of access development District will ultimately provide. • Need overall guidelines for developing and managing the preserves - not micromanag ement. 3 • Need a master plan for south area of District and more formal agreement(s) with Santa Clara County. • Consider field staff impacts when planning trails and other projects - include the operations cost impacts in the budget along with construction. 0 The District would benefit from a trail master plan and environmental document. 0 More formal policy and process for opening new preserves - keep land closed until justified to be open, not other way around. • How to evaluate and respond to need for restroorn facilities? 4 REGIONAL OPEN SPACE STUDY WORKSHOP SUMMARY Survey Exercise Results: Note: Survey exercise is not scientifically designed, but was intended to provide general feedback and discussion on key issues.The"other"suggestions on questions 4.8 from the four"public"workshops deserve particular consideration. These groups were divided into subgroups and,therefore, did not have the opportunity to vote on each idea. 1. MISSION: How important is preservation of open space to the future quality of life on the Peninsula(each person to vote one) PUBLIC Staff Other Groups W1 197 10/15/97 11MM7 MROSD 9125197 10/14197 S.C.Co. S.C.Co 5/21/97 614/97 6/18/97 7116/97 Subtotal 7/25/97 811/97 &W7 Subtotal 9/1SM7 Bd&S.M. Volunteer POST Bd O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative S ins Office Foothill Cumulative Docents Co. s &Staff AuthorityRec. CumulativeGrand Total 23 64% 26 59% 28 57% 27 69% 104 62 9 82% 16 100% 0 0% 25 66% 37 93% 8 67% 18 69% 21 95% 14 82% 18 72% 116 82% 245 70% a Critical 9 25% 18 41% 17 35% 10 26% 54 32% 0 0% 0 0% 8 73% 8 21% 3 8% 3 25% 7 27% 1 5% 3 18% 6 24% 23 16% 85 24% b High priority 4 11% 0 0% 3 6% 2 5% 9 5 2 18% 0 0% 3 27% 5 13 0 0% 1 8% 1 4% 0 0% 0 0% 0 0% 2 1 16 5% c Medium priority 0 0% 0 0% 1 2% 0 0% 1 1% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 096 1 4% 1 1% 2 1% d Low priority 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0 0 0% 0 0% 0 0% 0 0% 0 0% 0 0%1 0 0% 01 0%(a)Unnecessary 36 44 49 39 168 11 16 11 38 40 12 26 22 17 25 142 348 2. BUDGET PRIORITIES: Given limited funds,which should be the highest priority in taking on new responsibilities?(each person to vote for one) PUBLIC Staff Other Grou 9/17197 10/14/97 10/15/97 11/05/97 MROSD POST S.C.Co. S.C.Co 5121/97 614197 6118/97 7/16/97 Subtotal 7/25197 811/97 8/8197 Subtotal 9116/97 Bd&S.M. 9125197 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Sk fline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. CumulaUve 7Gr..dTotal (a) Acquiring mor 21 62% 30 75% 29 57% 31 78% 111 67%1 6 55% 12 86% 0 0% 18 50 31 78% 5 45% 18 69% 8 38% 13 87% 18 72% 93 67% 222 65%s ace land. (b) Providing more public 11 32% 6 15% 15 29% 6 15% 38 23% 0 0% 0 0% 4 .36%l 4 11 3 8% 3 27% 3 12% 3 14% 2 13% 6 24% 20 14% 62 18%access on existing land. (c) Focusing on maintenance& 2 6% 4 10% 7 14% 3 8% 16 10% 5 45% 2 14% 7 64% 14 39 6 15% 3 27% 5 19% 10 48% 0 0% 1 4% 25 18% 55 16% management 34 40 51 40 165 11 14 11 36 40 11 26 21 15 25 138 339 sum2workxis Page 1 3. MANAGEMENT PRIORITIES: Which should be the Open Space District's highest priority in managing its existing lands? (each person to vote one) PUBLIC Staff her Groups 9117197 10/14/91 10115/9 11/0S/97 MROSD POST S.C.Co. S.C.Co 5121197 6/4197 6118/97 7/16/97 Subtotal 7125/97 811197 8/8197 Subtotal W16197 Bd&S.M. 9125197 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative Grand Total (a) Protecting&re 16 46% 24 57% 24 48%1 18 47% 82 50% 6 55%1 14 100%1 3 30%1 23 33 83% 7 58% 11 42%1 22 92% 11 73%1 20 77% 104 73%1 209 61%natural resources (b) Maintaining existing 18 51% 13 31% 14 28% 20 53% 65 39% 3 27% 0 0% 0 0% 3 9% 3 8% 4 33% 15 58% 2 8% 4 27% 6 23% 34 24% 102 30%trails&facilities (c) Patrolling to manage public use&protect 1 3% 5 12%1 12 24% 0 0% 18 11%L 2 18% 0 0% 7 70% 9 26 4 10% 1 8% 0 0% 0 0% 0 0%100%L5 3% 32 9%public safety 35 42 50 38 165 11 14 10 35 40 12 26 24 15 26 143 343 sum2work.xls Page 2 4. ACQUISITION GOAL: Assuming funds are available,which should be the District's acquisition goal? (ask group to add to the list,then ask each to vote for one) PUBLIC Staff Other Grou W17/97 10/14/97 10/15/97 11/05/97 MROSD POST S.C.Co. S.C.Co 5/21197 W4/97 W18197 7116197 Subtotal 7/25/97 911/97 8/8/97 Subtotal 9/16/97 Bd&S.M. 9125197 Board& O.S. Parks& Subtotal Workshop Workshop Wo shop Workshop Cumulative Sk tline Office Foothill Cumulative Docent Co. volunteer Staff Authority Rec. Cumulativ 7Gr.ndTotl 1(a) Fill in gaps to complete existing 10 28% 2 5% 3 5% 4 11% 19 11%H 0 0% 0 0%1 1 9%1 1 3 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0J 20 6%preserves (b) As above,plus buy undeveloped parcels with unique natural resources that would otherwise be 16 44% 24 56% 34 62% 23 61% 97 56% 7 64% 10 77% 9 82% 26 74% 11 28% 4 33% 11 42% 15 68% 0 0% 16 53%11 57 40% 180 51%developed (c) Preserve all major undeveloped parcels in 5 14% 6 14% 5 9% 3 8% 19 11% 4 36%1 3 23% 1 9% B 23% 0 0% 1 8% 1 4% 7 32% 2 14% 2 7% 13 9% 40 11%the ba lands&hills (d) As above,plus preserve remaining open 3 8% 5 12% 21 4% 01 0%1 10 6% 0 0% 0 0% 0 0%1 0 0 2 5% 0 0% 1 4% 0 0%1 2 14% 2 7% 71 5 17 5%space within urban space (e) Other? Buy 1 3% 1 1% 1 0%development rights {q Other? Buy surplus urban sites,return to 1 3% 1 1% 1 0%natural (g) Other? Question B 1% 36 5% 36 10%plus lands coast 20 51% 6 50% 0 0% 10 7 2 Ia d to t (h) Other? "c"plu+ 3 7% 3 2% 1 1 6 15% 11 42% 1 10 33% 27 19% 30 9%areas (i) Other? Start why. proceed to"d"as funds 1 2% 1 1% 1 0%available. Q) Other? Increase 1 2% 1 1 1% 1 0%handicapped accessibility. sum2work.As Page 3 CONTINUE QUESTION#4: 4. ACQUISITION GOAL: Assuming funds are available,which should be the District's acquisition goal? (ask group to add to the list,then ask each to vote for one) PUBLIC Staff her Groups 9117197 10/14197 IW15/97 11/05/9 MROSD POST S.C.Co.. S.C.Co 5/21/97 W4/97 W18197 7116197. Subtotal 7125197 811/97 8/8/97 Subtotal 9/16197 Bd&S.M. 9/25/97 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff A ority Rec. Cumulative 7GandTotal (k) Other? Analyze site& 1 2% 1 1% 1 0%ecolo icai s tem. 5 9% 2 5% 7 9% 7 2% I Other? Coasts (m)Other? Link 1 2% 1 2% 1 0% reserves 2 4%1 1 2 4%1 1 1 1 1 1 21 1% n Other? OHV areas (o) Other? Urban open 1 2% 1 2% 1 8% 1 1 2 1%space (p) Other? Trade District land for more desirable 2 4% 2 4% 2 1%land (q) Other? Unique 1 st- 5 13% 5 13% 5 i%then fill gaps (r) Other? Buy parcels 2 8% 1 2 1% 2 1%with unique resources (a) Other? Parcels that 0 0% 0 0% 0 0% 0 0%offerspectacular views (t) Other? Land along streams from mtns.to 0 0% 0 0% 0 0 0 0%valle (u) Other? Land that 1 3% 1 3% 1 0%blocks development 36 43 55 38 172 11 13 11 35 39 12 26 22 14 30 143 350 sum2work.xis Page 4 I 5. ACQUISITION PRIORITIES: Assuming funds are limited and choices must be made,which types of land(or specific locations)are most important to protect? (ask group to add to the list,then each person to vote for three) PUBLIC Staff Other Grou 9/1719 10/14/97 10/15/97 11/05197 MROSD POST S.C.Co. S.C.Co 5121/97 W4/97 6/18/97 7116197 Subtotal 7125197 8/1/97 WM7 Subtotal 9116197 Bd&S.M. 9/25/97 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative Grand Total (a)Land for regional trail 18 19% 22 17% 28 18% 24 20% 92 18%1 7 22% 6 15% 9 28% 22 21% 19 15% 8 24% 18 23% 18 27% 9 17% 17 22% 89 21% 203 19%connections (b) Trail connectic 8 8% 9 7% 14 9% 6 5% 37 7 2 6% 1 2% 5 16% 8 8% 2 2% 5 15% 5 6% 4 6% 3 6% 6 8% 25 6% 70 7%urban areas 2 2% 3 2% 8 5% 1 1% 14 3% 0 0%1 0 0% 0 0% 0 0 4 3% 0 0% 0 0%1 5 8% 0 0% 1 1% 10 2% 24 2% c Agricultural land (d) Land with high wildlife 151 16%1 291 22% 32 20% 27 22% 103 2 5 16% 141 34% 8 25% 27 26 31 25% 6 18% 18 23% 15 23%1 141 27% 20 26% 104 24%1 234 22%1 habitat value (a) Remote,relatively 9 9% 9 7% 11 7% 8 7%1 37 7% 2 6% 2 5% 1 3% 51 5% " 3 2% 0 0% 2 3% 01 0% 3 6% 1 1% 9 2% 51 5%inexpensive parcels (f) Relatively expensive parcels in or near urban 3 3% 6 5% 31 2% 31 2% 15 3% Of 0%l 1 2% 0 0% 1 1% 0 0%1 1 3% 0 0% 5 8% 0 0% 11 1% 7 2% 23 2%area (g) Wetlands and sell 11 11% 8 6% 14 9% 10 8% 43 8% 1 3% 4 10% 0 0%1 5 5% 17 14% 3 9% 5 6% 4 6% 7 13% 5 6% 41 9% 89 9%ponds along the Bay (h) Forested lands in the 10 10% 23 17% 22 14% 15 12% 70 14% 9 28% 9 22% 4 13% 22 21% 22 18% 3 9% 17 22% 8 12% 6 12% 11 14% 67 16% 159 15%Santa Cruz Mountains (i) Woodland/Grassland 13 14% 11 8%1 15 9%1 11 9% 50 10%1 5 16% 4 10% 5 16% 14 130M 121 10%1 2 6% 5 6%1 7 11% 4 8% 11 14% 41 9 105 10%/Chaparral in the foothills U) Other? Opportunity 3 3% 3 1% 3 0%1purchases 1(k)Other?Sites H access to public 1 1% 1 0% 1 0%transportation (1) Other? Coastal 3 3% 6 5%1 10 6% 12 10% 31 6%1 1 4 3% 6 18%1 91 11% 4 8% 1 23 5%H 54 5%lands/connections (m)Other? Scenic 2 2% 2 0% 21 0%backdrop sum2work.xls Page 5 CONTINUE QUESTION#5: 5. ACQUISITION PRIORITIES: Assuming funds are limited and choices must be made,which types of land(or specific locations)are most important to protect? (ask group to add to the list,then each person to vote for three) PUBLIC Staff her Brou 9/ /9 10/14197 10115/97 11105 MROSD POST S.C.Co. S.C.Co 5/21197 W4/97 6/lam? 7115/97 Subtotal 7/25/97 8/1197 8/8M7 Subtotal 9116/97 Bd 3 S.M. 9125/97 Board 3 O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative 7GandTotal (n) Other? Diverse/unique wii 2 2% 1 2 0% 2 0% habitats. (o) Other? Wildlife 2 2% 2 �O% 2 0%corridors (p) Other? Non- 1 3% 1 1% 1 0%contiguous development 1 1% 1 0% 1 0% Other? OHV trails (r) Other? Trail connection to coast 3 2% 3 1% 3 0%through ex arks (s) Other? Riparian 5 4% 5 6% 10 2 10 1%corridors (t) Other? Caps-not 11 1% 11 1 0%necessarily trails (u) Other? Streamside 2 4% 2 0% 2 0%lands (v) Other? Based on use 5 4% 5 1% 0 0% 5 0%value 96 132 158 122 508 32 41 32 105 123 34 79 66 52 78 432 1,045 sum2work.xls Page 6 I 6. FACILITIES: The District's policy is to provide for"low-intensity"recreation. What type of low intensity recreational improvements are most important? (ask group to add to the list,then each person to vote for only three) PUBLIC Staff Other Grou 9117/97 10/14/97 10/15/97 11/05/97 MROSD POST S.C.Co. S.C.Co 5121197 6/4197 6/18/97 7/16/97 Subtotal 7/25/97 811197 8/8/97 Subtotal 9116M7 Bd&S.M. 9125/97 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority. Rec. Cumulative 7GrandTot.1 (a) No facilities should be 4 4% 11 9% 10 7% 10 9% 35 7% 0 0% 1 3% 0 0% 1 1% 11 10% 1 3% 4 6% 3 5% 5 11% 4 6% 28 7% 64 7%developed 22 21% 221 18% 33 22% 19 17% 96 20% 101 30% 81 24% 91 29%1 27 28%1 25 23%1 7 20% 19 28% 121 20% Ill 24% 17 24% 91 23% 214 22% b Parking areas 19 180A 241 20% 24 16% 21 19% 88 18% 6 18% 101 29% 4 13% 20 20% 24 22% 8 23% 10 14% 131 21% 9 20% 19 27% 83 21 191 20% c Restrooms 14 13% 11 9% 10 7% 13 12% 48 10% 3 9% 11 3% 7 23% 11 11% 3 3% 2 6% 4 6% 1 2% 2 40A 4 6% 16 494 75 8% d Drinking water. 2 2% 2 2% 5 3% 4 4% 13 3 1 3% 0 0% 0 0% 1 1 0 0% 0 0% 1 1% 1 2% 1 2% 4 6% 7 2%1 21 2% a Hiker's but 7 7% 10 8%1 19 13% 7 6% 43 9% 5 15% 1 3% 3 10% 9 9% 8 7% 3 9% 2 3% 8 13% 6 13% 8 11% 35 9 87 9% Backpack camps (9) Visitor's information 0 0% 1 1% 4 3% 2 2% 7 1% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 1 2%1 1 1% 2 1 91 1%centers (h) Information kiosks 14 13% 18 15% 18 12% 17 16% 67 14% 6 18%1 9 26% 0 0%1 15 15 4 4%1 2 6% 6 9% 8 13% 5 11% 8 11% 33 8% 115 12% unstaffed 1 1% 3 2% 8 5% 3 3% 15 3% 01 0%1 11 3% 11 3%1 2 2% 6 5%1 3 9% 3 4% 3 5% 2 4% 1 1% 18 5% 35 4% i Nature centers 0) Restore historic 1 1% 2 2% 8 5% 2 2% 13 3% 1 3% 2 6% 2 6% 5 5% 7 6% 11 3%1 4 6% 0 0% 31 7% 1 1% 16 4% 34 3%buildings 3 3% 4 3% 5 3% 0 0% 12 2% 1 3%1 01 0% 0 0%1 1 1% 1 1% 11 3% 0 0% 3 5% 11 2% 3 4% 9 2% 22 2% k Picnic tables (I) Large group picnic 4 4% 0 0% 0 0% 0 0%1 41 1% 0 0% 1 3% 0 0% 1 1% 0 0% 1 3% 0 0%1 0 0% 0 0%1 0 0% 1 0 6 1%areas (m)Other? Handicap 3 3% 1 3 1% 1 1 0 0% 1 1 0 0%1 31 0%access (n) Other? Benches& 4 4% 4 1% 5 16% 5 5% 9 1%seats (o) Other? Single track 4 4% 4 1% 4 0%trails 3 3% 4 3% 7 1% 7 1% Other? Trails (q) Other? Paved 1 1% 1 0% 1 0%trails (r) Other? Look out 3 2% 1 1% 4 1 4 0%areas 2 2% 2 2 0% s Otherl Bike racks 0 0% 0 0% 0 0% t Other? Hostels (u i Other? Trail 6 5% 6 1% 6 9% 6 2% 12 1%directional signs sum2work.xls Page 7 CONTINUE QUESTION#6: 6. FACILITIES: The District's policy is to provide for"low-intensity"recreation. What type of low intensity recreational improvements are most important? (ask group to add to the list,then each person to vote for only three) PUBLIC Staff Other Groui is 9117/97 10/14/97 10116M7 11/05/97 MROSD POST S.C.Co. S.C.Co 5/21/97 614197 6/18/97 7/16/97 Subtotal 1125/97 8/1197 818197 Subtotal 9116197 Bd 6 S.M. 9/25/97 Board d O.S. Parks& Subtotal Workshop Workshopi Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative 7Gr..dTot.1 (v) Other? Equestrian 3 2936 1 3 1% I 1 3 0%camps (w) Other? Group 1 1% 1 0 1 0%activity area (x) Other? Off road 1 1% 1 0% 1 0%vehicle trails (y) Other? Stocked up-to 3 3% 3 1% 3 0%date map dispensers 13 12% 1 1 13 3% 13 1% z Other? Si ns&maps (as) Other? Emergency 6 5% 6 2% 6 1%phones (bb)Other? Public 6 17% 6 2% 6 1%transportation (cc)Other? Self-guides 3 3% 3 1 3 0%nature trails (dd) P Other? Maps with emergency number& 7 6% 7 1% 7 1%1 phone locations 3 4% 1 1 3 1 3 0% ee Other? Water trough (ff)Other? Horse 3 4% 1 3 1% 3 0%camping facilities (gg)Other? Garba 1 1% 1 1 0%cans (hh)Other? Coastal 2 3% 2 1% 2 0% beach access 0 0% 0 01 0% ii Other? More brid es t9l % 9 2% 9 1% Other? Benches (kk) Other? Native 1 I 1 0% 1 0%American site info 1 1% 1 0% 1 0%(11)Other? Solar phones 106 123 150 109 488 33 34 31 98 111 35 69 61 46 70 392 978 sum2work.xis Page 8 7. TRAILS: What type of trail improvements are most important? (ask group to add to the list,then each person to vote for three) PUBLIC Staff Other Grou s 9/17197 10/14/97 10/15/97 11/05/97 MROSD POST S.C.Co. S.C.Co 6121197 6/4197 6118197 7116197 Subtotal 7/25197 811/97 818/97 Subtotal 9116197 Bd&S.M. 9125197 Board 3 O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff AuthorIty Rec. Cumulative 7GrandTot.1 19 18% 241 18% 241 16% 14 12% 81 16% 61 19% Ill 26% 1 3% 18 17 321 29% 5 14% 7 9% 12 16% 7 14% 7 9% 70 16 169 16% a Hiking-only trails 9 8% 13 10% 25 17% 18 15% 65 13%1 61 19% 01 0% 8 25% 14 13% 81 7% 8 22% 9 11% 2 3%1 5 10% 15 19% 47 11% 126 12% b Multi-usetrails (c) Regional trail 28 26% 30 23% 29 20%1 24 20% 111 22% 9 28%1 10 24% 8 25% 27 25% 30 27% 6 17% 12 15%1 17 23% 13 27%1 20 25% 98 23% 236 23%connections (d) Short to medium trail 12 11% 25 19% 9 6%11 6 5%1 52 10% 2 6% 11 26% 41 13% 17 16% 16 14% 3 8% 3 4% 14 19% 8 16% 14 18% 58 14% 127 12%loops 3 3% 1 1% 0 0% 11 1% 5 1% 0 0% 0 0% 01 0% 0 0% 0 0%1 0 0% 0 0% 2 3% 11 2% 1 1% 41 1% 9 1% a Running trails 2 2% 31 2% 12 8% 21 17% 38 8%1 4 13% 0 0% 2 6% 61 6%1 41 4% 1 3% 51 6% 3 4% 1 2% 2 3%1 16 4 60 6% Single track bike trails 4 4% 31 2% 10 7% 11 1% 18 4%1 0 0% 0 0% 2 6% 2 2% 0 0%1 0 0% 5 6% 9 12% 21 4% 2 3%1 18 4 38 4% Equestrian trails (h) Handicapped access 11 10% 4 3% 6 4% 3 2% 24 5% 0 0% 3 7% 0 0% 3 3% 11 10% 4 11% 5 6% 3 4% 3 6% 5 6% 31 7 58 6%trails 4 4% 10 8% 11 7% 10 8% 35 7% 0 0% 0 0% 5 16% 5 5 0 0% 1 3% 6 8% 5 7% 2 4% 2 3% 16 4 56 5% D ok on leash trails 6 5% 4 3% 6 5% 16 3% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 5 6% 2 3% 2 4% 1 1% 10 2% 26 3% Off-leash do trails (k) Self-guided nature 11 10% 9 7% 7 5% 4 3% 31 6% 5 16% 6 14% 2 6% 13 12 9 8% 4 11% 5 6% 5 7% 3 6% 4 5% 30 7% 74 7%trails (1) Other? No bikes (hiking,running, 3 3% 1 1% 0 0% 4 1% 4 0% uestrian on (m)Other? Longer loop 1 1% 1 0% 9 11% 9 2% 10 1%trails (n) Other? Technical. improved trails for 1 1% 3 2% 4 1% 4 0%use (o) Other? One way-�,<a 2 1% 2 0% 6 8% 6 1% 8 1%loo s 1 1% 1 0% 1 0% Other? OHV trails (q) Other? Bike 1 1% 1 0% 1 0%connection trails/loops (r) OtheR Mufti-use 1 1% 1 0% 1 1 0%sin le track trails sum2work.xis Page 9 CONTINUE QUESTION#7: 7. TRAILS: What type of trail improvements are most important? (ask group to add to the list,then each person to vote for three) PUBLIC Staff Other Grou 9/17/97 1011419 10/15/97 11/05/97 MROSD POST S.C.Co. S.C.Co 5121/97 6/4197 6/18197 7116197 Subtotal 7/25197 8N/97 818/97 Subtotal 9/16197 Bd&S.M. 9125197 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authorltv Rec. Cumulative Grand Total (s) Other? Long trail 1 1% 1 00M 1 1 0%loops (t) Other? Trail u 1 1% 1 0 1 0%continuity (u) Other? Clearer 5 456 5 196 5 0%marked(signed)trails (v) Other? Technical 1 2% 1 11 2 0 0% 0 0% 1 0%bike trails (xw)Other? Trails for 1 1% 1 0% 1 0%visually impaired (x) Other? Interpretive trails with access for the 2 6% 1 2 0% 2 0%blind&wheelchairs 11 3%1 1 2 4% 3 1% 3 0% Other? Digital trail (z) Other? Uphill only for 1 1% 1 0% 1 0%bikes (aa) Other? Shady EVC 2 3% 2 0% 2 0%trails (aa)Other? Bikes on 2 3% 1 2 0 2 0%wide trails only (bb)Other? Unimproved trails/unmaintained tech g 7% 8 2 1 3% 4 5% 5 1% 13 1%trails 106 130 148 121 505 32 42 32 106 111 36 80 74 49 79 429 1,040 sum2work.xis Page 10 8. MANAGEMENT: How should access to Open Space be managed? (ask group to add to the list,then each person to vote for three) PUBLIC Staff Other Groups 9117/97 10114/97 10/15/9 11/05197 MROSD POST S.C.Co. S.C.Co 5/21197 W4197 W18/97 7/16/97 Subtotal 7125197 8/1197 8/8197 Subtotal 9116197 Bd&S.M. 9125197 Board& O.S. Parks& Subtotal Workshop Workshop Wo hop Workshop Cumulative Sk line Office Foothill Cumulative Docent Co. Volunteer Staff Authority Roe. Cumulativ Grand Total (a) Try to keep all uses dispersed through the preserves-make use decisions on a c esr 18 17% 31 24% 38 25%1 31 26% 118 23% 6 18% 10 26%1 11 39%l 27 27% 19 16% 8 24% 19 25% 16 23% 6 13% 19 27% 87 21% 232 23%case basis (b) Have defined areas for different types or levels of use,based on 11 10%1 11 9% 6 4% 8 7%1 36 7% 0 0% 8 21% 5 18% 13 13% 8 7% 1 3% 3 4% 18 26% 4 8% 1 1% 35 8% 84 8%resources (c) Have separate trails systems for bikes and 11 10% 8 6% 13 9% 131 11% 45 9% 0 0% 0 0%1 0 0% 01 0% 14 12% 3 9%1 8 11% 3 4% 11 2% 61 9% 35 8% 80 8% hikers/horses (d) Have Widemess areas"with no trails or 20 18% 20 16% 27 18% 20 17% 87 17% 11 33% 7 18% 6 21% 24 24%-- 28 24% 6 18% 19 25%1 12 17% 13 27% 18 26% 96 23% 207 20%facilities (a) Have hiking-only 14 13% 26 20% 12 8% 9 8% 61 12%1 5 15% 5 13% 0 0% 10 10% 21 18% 2 6% 2 3% 3 4% 6 13% 51 7% 39 9% 110 11%preserves (0 Prohibit public access I in sensitive habitat areas such as wetlands and 29 27% 32 25% 32 21% 19 16% 112 22% 6 18% 9 23% 6 21% 21 21 11 9% 10 30% 15 20% 17 25% 7 15% 21 30% 81 20 214 21%breedin areas (g) Other? Unrestricted 2 2% 1 1 2 06 2 0%access (h) QthefT Ofl-leas` ' 2 -2% 2 0% 2 0%access eve en sum2work.)ls Page 11 CONTINUE QUESTION#8: 8. MANAGEMENT: How should access to Open Space be managed? (ask group to add to the list,then each person to vote for three) PUBLIC staff Other Groups 9117/9 10/14/97 10/15/97 11105197 MROSD POST S.C.Co. S.C.Co 5121/97 6/4/97 6118197 7116197 Subtotal 7/25/97 811197 8/8M7 Subtotal 9116/97 Bd&S.M. 9/25197 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative Grand Total (i) Other? Bike access 2 2% 2 ON4 1 1 1 1 1 1 1 2 0%ev ere U) Other? Rotate usn;- different areas of th preserves by time s (is:Yearly rotation of 1 1% 1 0% 4 8%1 41 1 5 0%use). (k) Other? Open 1 1%1 1 11 0% 1 0% reserves 6 4%1 1 6 1% 6 1% i Other? Night use (m) Other? All have 3 2% 3 1% 3 0%acc ess to all trails In) Other? Question F- 2 1% 1 2 0% 15 13%1 71 9% 61 13% 28 7 30 3%With docent-led access 3 2% 3 1% 1 3% 1 0 4 0% o Other? OHV areas (p) Other? Det.use 4 3% 1 4 1 4 0%based on impact 1(q) Other? Preserve by preserve,stressing 5 3%1 1 5 1% 5 0%fleAbility (r) Other? Open up remote,non-sensitive 3 3% 3 1% 1 1 1 1 1 3 jareas (s) Other? Have docent- led only access in 4 3% 4 1% 1 4 0%sensitive areas (t) Other? Night tit. 4 3% 4 1% 4 0%access sum2work.xis Page 12 CONTINUE QUESTION#8: 8. MANAGEMENT: How should access to Open Space be managed? (ask group to add to the list,then each person to vote for three) PUBLIC Staff Other Grou 9/17/97 10/14/97 10/15/9 11/05197 MROSD POST S.C.Co. S.G.Co 5/21197 W4/97 6/18/97 7116/97 Subtotal 7/25197 8/1197 8/8/97 Subtotal 9/16/97 Bd&S.M. 9/25197 Board& O.S. Parks& Subtotal Workshop Workshop Workshop Workshop Cumulative Skyline Office Foothill Cumulative Docent Co. Volunteer Staff Authority Rec. Cumulative brand Total (u) Other? Between questions A&B&C—a 3 3% 3 1% 3 0%balanced approach (v) Other? Reduc 2 696 1 1 2 2% 1 1 1 1 2 0%in over"used"ares (w)Other? Permit 3 9% 3 3% 1 1 1 1 1 1 1 3 0%access (x) Other? Area designations by day(like 1 1% 1 0%1 11 0%Canada Road (y) Other? Wilderness 2 6% 2 0 2 0%where must stay on trail (z) Other? Rotate use by 1 2% 1 0% 1 0%even/odd days (as) Other?Totally 3 4% 3::u 0%closed areasNisual only (bb)Other? Questi on F- 5 4% 5 1% 0%seasonal access allowed -HA 109 129 152 119 509 33 39 28 100 117 33 76 69 48 70 413 1,022 sum2work.xis Page 13 R(�qional Open ice R-98-58 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-10 May 6, 1998 AGENDA ITEM __2__ B,[TF. I�TEM Approval of Assignment of Lease for the Historic Picchetti Winery, Monte Bello Open Space Preserve COMMITTEE RECOMMENDATION ACQUISITION AND ENTERPRIS hetti Wine to Approve the attached Approval of Assignment of Lease for the Historic Pict Winery Leslie Pantling and Thomas Kreidler. DISCliSSION In October 1982, the District entered into a 25 year lease with Ronald and Rolayne Stortz for a six-acre area of the former Pichetti property, which includes the Main House, Winery and related buildings, for the purpose of creating a public/private winter oership to restore this f 1997, District staff was contacted Historic Site as a small, site-related winery. In th by Leslie Pantling and Thomas Kreidler with a proposal to buy out the remaining leasehold interest of the Stortzes' Historic Picchetti Winery. On April 3, 1998, Ms. Panding and Mr. Kreidler reached an agreement with the Stortzes to purchase the approximate nine years remaining in the original lease. The assignment of the lease is anticipated to close Ma�Ho senandOWas House through 8. As part of e assignment, the Stortzes are allowed to occupy the of October 31, 1998. When the Stortzes vacate these leasehold structures, the use cc the Wash House shall be restricted to a use consistent with the operation of the Historic Picchetti Winery. In accordance with Section 26 of the existing lease, approval of any assignment requires the written authorization by the District: "This Lease shall not, nor shall any interest therein, be assignable .... without the written consent of DISTRICT. It is the intent of DISTRICT and LESSEE that any occupant and/or operator of the Premises, except a short-term caretaker, shall have demonstrated an interest in the preservation of the historical nature of all of the improvements in the Leasehold Premises." On April 15, 1998, the Acquisition and Enterprise Committee met with Ms. Pantling to review the proposal for assuming the Historic Picchetti Winery Lease. Ms. Pantling discussed her wine making and sales plan, and plans for improved public access and continued historical restoration of the leasehold structures (see attached Executive Summary). Ms. Pantling also expressed a future interest in a longer term lease of the historic buildings and a separate agricultural lease to plant vineyards on adjoining District land. Any proposal for 330 Distel Circle - Los Altos, CA 94022-1404 , Phone: 6.50-691-1200 FAX: 650-691-0485 - E-mail: mrosdGopenspace.org - Web site:www.openspace.org Board rat tarrectors.Pete Siemens,Mary C. Davey,Jed Cyr, David 1.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz . General Manager.L.Cram Britton i R-98-58 Page 2 lease modifications or a new lease would come back to the Board of Directors for approval following required negotiations. The Committee found Ms. Pantling's interest in historic restoration and open space programs compatible with the District's objectives under the current lease. Therefore, the Committee supports the proposed Approval of Assignment of Lease for the Historic Picchetti Winery. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same Executive Summary At the turn of the century there were 17 wineries on Montebello Road, including the Pic- chetti Brothers Winery which remained in operation for 72 years. There were over 800 acres of vineyards planted on the Montebello Ridge and a large Italian-heritage popula- tion that worked these vineyards and helped create the existing 105 year old public school that is still in operation today. This proposal is designed to continue and enhance the restorative effort on this piece of history. It includes a plan to develop approximately 40 acres of the prior 500 acres that the Picchetti Brothers Winery maintained at the turn of the century,and which is now currently a part of the Midpeninsula Open Space Regional District. It also includes a commitment to finish the restorative work on the existing Picchetti Ranch buildings and create a very open public access plan for all to gain a better experience of what life was like on a working vineyard 100 years ago. Our goal is to recreate the Picchetti Brothers Winery and produce a set of hand-crafted wines that were typical of the era;ie.Sangiovese for Chianti. The proposed business would operate within the Picchetti Ranch buildings under the name Santa Cruz Mountains Wine Company. This was the historical business that operated from 1887- 1898 and served as a local wine cooperative that produced and stored the wine crop from the Santa Cruz Mountains. We propose that the Picchetti Ranch buildings serve as a center for wine tasting,providing views of hand-crafted winemaking and a display of historical buildings. It is our desire to include more historical references in the winery buildings;to restore the bocce ball court that used to be located next to the winery buildings and to provide a docent for the site. We are committed to a maintenance plan that will provide a clean,safe and fun public site. This proposal seeks a very cooperative relationship with the Midpeninsula Regional Open Space District. We believe we understand what the District is trying to accomplish at this site in terms of public access and historical renovation,balanced with the preservation of the open space lands. We welcome the opportunity to develop a new public access plan with increased hours and site capabilities;ie.lighting for evening access to the ranch build- ings. We are prepared to commit in a number of ways to this very long term investment. We estimate that our personal investments in the vineyard restoration alone will exceed one million dollars($1,000,000)during the first 10 years of its development. This is a very per- sonal decision that will pool our combined set of skills, interests and savings into a new career for us. We are both delighted to be able to propose this joint business development and are prepared to begin immediately on the formalization of this proposal,at your direc- tion. i APPROVAL OF ASSIGNl1!IENT OF LEASE HISTORIC PICCHETTI WINERY This Approval of Assignment of Lease is entered into as of May 6, 1998, by and between Ronald J. Stortz and Rolayne K. Stortz (the "Assignors") and Leslie A. Pantling and Thomas M. Kreidler (the "Assignees") and the Midpeninsula Regional Open Space District, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS WHEREAS, District, as Lessor, entered into a Lease with Assignors, as Lessee, dated October 27, 1982 together with, a Lease Amendment No. 1 dated January 13, 1988 and a Second Amendment to Lease dated May 10, 1985 hereinafter collectively called and referred to as the "the Lease" for the Historic Picchetti Winery. A copy of the Lease is attached hereto as Exhibit A. WHEREAS, Assignors desire to assign all of their right, title and interest.in and to the Lease to Assignees. Assignees desire to assume all of Assignors' rights, obligations, title and interest in the Lease. WHEREAS, District desires to approve and accept the assignment of the Lease, in accordance with Section 26 thereof, from Assignors to Assignees subject to Assignees assuming allg terms, covenants, conditions and obligations of the Lease. NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties agree as follo ws: 1. Assignment of Lease. Pursuant to Section 26 of the Lease, Assignors agree to assign all of Assignors' right, title and interest in and to the Lease to Assignees, and Assignees agree to assume the Lease and all of Assignors duties, obligations, rights, title and interest therein, subject to all terms, covenants, conditions, and obligations of the Lease (attached as Exhibit A). Assignees agree to accept such assignment, and Assignees expressly assume and agree to keep, perform, and fulfill all the terms, covenants, conditions and obligations, required to be kep t, perfor med, and fulfilled by Assignors under the Lease, including the making of all payments due to or payable on behalf of Assignors, as Lessee, under the Lease when due and payable. Not withstanding the above, approval of this assignment by District shall not relieve Assignors of any of their contractual obligations to District under the Lease during the Lease term in the event of default by Assignees in fulfilling any of the terms, covenants, conditions or obligations of the Lease. Page 1 2. Approval of Assignm .n . District approves and accepts the assignment of the Lease from Assignors to Assignees subject to Assignees assuming the terms, covenants, conditions and obligations contained in the Lease. 3. Assignors' Occu ncy of Certain Leasehold Structures. District further approves and agrees that, as a condition of its approval of this assignment, Assignors may continue to occupy the Main House and Wash House (as provided in the Agreement to Assign Lease dated April 3, 1998, attached hereto as Exhibit B) subject to the Lease for a period not to exceed four months from the close of escrow of said Agreement to Assign Lease. In any event, Assignors' occupancy of the Main House and Wash House shall expire and terminate no later than October 31, 1998. 4. Elimination of Accountancy Practice. At the expiration of Assignors' occupancy of certain leasehold structures as defined in Section 3 above, and as a further condition of District's approval of this Assignment, Section H of Lease Amendment No. 1 which provides for the use of the Wash House as an office for the conduct of a Certified Public Accountancy practice, is hereby modified to be absolutely restricted to the conduct of the operation of the Historic Pichetti Winery property J which is the subject of the Lease and any wine maldng and sales operations connected therewith, and for no other purposes. The rent for the Wash House use shall remain unchanged as provided in said Lease Amendment No. 1. 5. Effective Date. The effective date of this "Approval of Lease Assignment" shall be the date of its approval by the Board of Directors of the Midpeninsual Regional Open Space District, as set forth below. Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Approval of Assignment of Lease to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MT IICT: ASSIGNORS: Midpeninsula Regional Open Space District By: A",*Abut'— APPROVED AS TO FORM: Ronal . S Date: 8 Sue Schectman, District Counsel By: x"'ffwt 'OR APPROVAL- ola Stortz Date: k 7L. Craig Britton, General Manage AASSI =NF.FS! APPROVED AND A P1D: <,p By: 3�c� �7 President, Board of Directors slie A. P . g Date: ATTESTT: By: District Clerk Thomas M. Kreidler Date: Date: Page 3 ti.. .LEASE AGREEMENT ' HISTORIC PICCHETTI WINERY RONALD J. STORTZ AND ROLAYNE K. STORTZ LESSEE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LESSOR EXHIBIT Page_ of LEASE This lease, made this 2 7 day of 0e_'7-0136:*k 1982 by and between the Midpeninsula-R-e—gional Open Space District, a public district under laws of the State of California, as LESSOR (or "DISTRICT" ) and Ronald J. Stortz and Rolayne K . Stortz , his wife , as LESSEE. WHEREAS, as a part of ,.the acquisition of the Monte Bello Open Space Preserve (Picchetfi Ranch Area) DISTRICT also acquired the Picchetti Winery , residence and farm buildings , which are in poor condition, and which have been recommended for private re- storation following Board adopted parameters and guidelines of April 22 , 1981; and WHEREAS, LESSEE is interested in preserving these historic structures and winery, and has offered to rehabilitate the struc- tures and the immediately surrounding environs to a reasonably accurate historical condition, and re-open and "operate a winery on the terms hereinafter set forth';' and WHEREAS , DISTRICT may lease such property owned by DISTRICT for a period of up to twenty-five ( 25) years (reference is hereby made to a California Public Resources Code, Sections 5540 and 5563 and its Board of Directors finds that the area comprising the Picchetti Winery and ranch structures and immediatelysurround- ing premises is temporarily unnecessary for park or open space purposes and considers that a lease of such premises for historic preservation purposes and which provides for some public access is in the public interest on the terms hereinafter set forth. NOW, THEREFORE, DISTRICT does hereby lease to LESSEE and LESSEE does her hire from DISTRICT those certain "Premises" as hereinafter described upon and subject to the terms covenants and conditions hereinafter set forth, and LESSEE covenants, as a material part of the consideration for this lease, to keep and perform each and all of the said lease terms , covenants, and con- ditions and that this lease is made upon the condition of such performance. 1 . PREMISES. The Leasehold Premises or Premises shall include all—that certain real property situated in the County of Santa Clara, State of California, as delineated on the plat entitled Exhibit "A" as attached hereto and incorporated herein by this reference. Said property includes the structures and improvements and personal property thereon, as hereinafter set forth: a) Category I Improvements - shall be a part of the Leasehold Premises tor all purposes from the commencement of this lease. Such improvements include (as identified on said Exhibit "A" ) : WINERY, PRESSING and FERMENTATION BARN, and GARAGE. EXHIBIT Page.2-.0 f s . INDEX PARAGRAPH CAPTION PAGE 1 Premises 1 2 Purpose 2, 3 Term 2 4 Consideration 2 5 Renovation 3 6 Winery Operation 4 7 Public Amenities 6 8 Public Use 6 9 Ordinances 10 Public Tours 9 11 Caretaking Responsibility 9 12 Trees 9 13 Grants 9 14 Possession 10 15 Restrictions 10 16 Compliance With Laws 10 17 Alterations 10 18 Repair 11 19 Permits and Services 11 20 Contingencies 11 21 Deposit 11 22 Road Maintenance 12 23 Relocation Assistance 12 24 Abandonment 12 25 Liens 12 26 Assignments and Subletting 13 27 Legal Responsiblity -and Indemnification 13 28 Insurance 14 29 Taxes Payable by Lessee 15 30 Establishment of Lessee's Investment 15 31 Termination by District 16_ 32 Holding Over 17 33 Entry by District 17 34 Insolvency or Bankruptcy 17 35 Default by Lessee 18 36 Default by Lessor 19 37 Right of District to Perform 19 38 Attorney's fees 19 39 Surrender 19 40 Waiver 19 41 Notice and Administration 20 42 Governing Law; Severability 20 43 Plats and Rider 20 44 Time 20 45 Examination of Lease 20 46 Lessee 's Quitclaim 21 47 Entire Agreement 21 48 Quiet Possession 21 49 Bind Successors 21 50 Recording 21 EXHIBIT __h page 3 Of� b Category II Improvements - shall be a part of the Leasehold Premises for all purposes from the commencement of this lease . Such improvements include.* *(as identified on said Exhibit "A" ) : MAIN HOUSE, WASH HOUSE, and surrounding YARD. c ) Category III Improvements - shall be a part of the Leasehold Premises for all purposes from the commencement of this lease. Such improvements include (as identified on said Exhibit "A" ) : HOMESTEAD HOUSE, BLACKSMITH SHOP, BARN with STALLS, and all other buildings and improvements located on said Premises. d) Water Facilities any and all of the existing water system(s ) , including , but not limited to: wells , springs , water tanks and water pipelines and the existing septic system(s ) , in- cluding but not limited to: septic tanks, drain lines and leach lines and fields , lying outside the Lease Area Boundary as delineated on said Exhibit "All shall be a part of the Leasehold Premises for all purposes from the commencement of this lease; provided however, that in the event LESSEE replaces or improves either the existing water and/or septic system(s) , LESSEE shall take all reasonable steps necessary.,.to fully contain said system(s ) within the Lease Area Boundary, or provide for the minimum en- croachment reasonably necessary for said system(s ) outside of said Lease Area Boundry. e ) Personalty - All District owned personalty currently located on the Premises including, but not limited to, grape crushing and fermenting equipment and wine and grape processing equipment, shall be a part of the leased Premises subject to the determination by the Review Committee, as established by paragraph 5 herein, as to which items shall be inventoried and displayed in museum fashion, which items shall be inventoried and restored for LESSEE 's operations on the Premises, which items DISTRICT shall remove for its own purposes, and which items have little or no value and LESSEE shall be free to dispose of as LESSEE sees fit. 2. PURPOSE. Said Premises are leased to LESSEE for the pur- poses of operating a wine producing and tasting facility ( "winery" ) and any activities commonly associated with the* maintenance and operation of a winery, including , but not limited to, incidental rural single family residential purposes, within the main house and Caretaker residence in the Homestead House , and for no other purpose without the written consent of DISTRICT. 3 . TERM. The term of this lease shall be for twenty-five (25) years commencing on the is day of November 1982, or upon the date DISTRICT delivers possession of the Leasehold Premises to LESSEE in accordance with Paragraph 14 herein, which ever date occurs later. 4. CONSIDERATION. As partial consideration for this lease, LESSEE agrees to rehabilitate the improvements and immediately 1. surrounding environs to a reasonably accurate historical condition, in accordance with the terms and conditions of Paragraph .5 herein EXHIBIT P39e of below . Consideration for this lease also includes the planning and construction of the Public Amenities described in paragraph 7 herein. Additional consideration for this lease is as follows: a) Rent - LESSEE agrees to pay DISTRICT as rental, with- out written notice or demand, for the Premises, the sum of One Dollar ( $1 .00 ) on or before the first day of the term hereof and like sum on or before each and every successive yearly anniversary thereafter during the term hereof. Said rental shall be paid to DISTRICT, without deduction qr offset, in lawful money of the United States of America at"-375 Distel Circle, Suite D-1, Los Altos, California, 94022, or such other place as DISTRICT may from time to time designate in writing. 5. RENOVATION. A reasonably accurate historical rehabilit- ation of all of said improvements and immediately surrounding en- virons shall be performed by LESSEE under the following timetable and conditions: a) Within eighteen (18) months following the elapse of six ( 6) months from the date hereof, or the date LESSEE'S plans and specifications are completed and approved by DISTRICT and the local, State and Federal agencies having jurisdiction, which ever date occurs earlier, LESSEE, at its sole cost and expense, shall complete a reasonably accurate historic renovation of the exterior of all Category I improvements. Modernization of the interior of the buildings for wine making and marketing shall be allowed. Plans shall be prepared by LESSEE at no expense to DISTRICT. DISTRICT and LESSEE, as appropriate, within thirty Y 30 days of t the da te e of this lease shall appoint a committee* .of three members composed of: one member of the Board of Directors of DISTRICT officially appointed by said Board, the General Manager of DISTRICT or his designee, (DISTRICT appointed members shall serve at no cost to Lessee ) and one designee of LESSEE: to review, advise on and approve, at no expense to DISTRICT, all plans for such renovation (hereinafter Review Committee) . Said Review Committee shall make all reasonable effort to come to unanimous agreement on the contents of such plans; in the event of continu- ing disagreement, committee approval shall be by majority vote; provided, however, that all committee decisions shall be subject to final approval by the DISTRICT Board of Directors prior to commencement of work . LESSEE agrees to complete such renovation subject to the conditions of paragraph 13 herein and in accordance with such plans and specifications. b) Within twenty-four (24) months following the elapse of six ( 6) _ months from the date hereof or the date- LESSEE'S plans and specifications are completed and approved by DISTRICT and the local, State and Federal agencies having jurisdiction, whichever date occurs earlier, LESSEE, at its sole cost and expense, shall complete a reasonably accurate historic renovation EXHIBIT Iq of the exterior of all Category II improvements . Modernization of the interior for comfortable and convenient. rural residential purposes shall be allowed . Pla.ns and specifications * shall be prepared by LESSEE at no expense* to DISTRICT, and all such plans and specifications shall be subject to review and approval by said Review Committee as established in paragraph 5a above . LESSEE agrees to complete such renovation subject to the condi- tions of paragraph 13 herein and in accordance with such plans and specifications. C) Within five ( 5) ,years following the elapse of six (6 ) months from the date hereof, or the date LESSEE 'S plans and specifications are completed and approved by the DISTRICT and the local, State and Federal agencies having jurisdiction, whichever date occurs earlier, LESSEE, at its sole cost and expense, shall complete a reasonably accurate historical " renovation of the exterior of all Category III improvements; provided, however, that if the interior of said improvements is restored, it shall retain the historic flavor. Category III improvements may be used by LESSEE for storage , or for their orignial 'intended purpose (except that the homestead house m'ay be used for a resident Care- taker) ; use for any other purpose -shall require written approval by District. Plans and specifications shall be prepared by LESSEE at no' expense to DISTRICT, and all such plans and specifica- tions shall be subject to review and approval by said Review Committee as established in paragraph* 5a above. LESSEE agrees to complete such renovation subject to the conditions of paragraph 13 herein and in accordance with such plans and specifications . d ) Said Review Committee shall also review and approve a Site Plan which shall be prepared by LESSEE, at its sole cost and expense, which plan shall include provisions for, among other things: public health and safety, Premises security , landscaping plan, miscellaneous improvement renovation including aviary and outhouse, perimeter and internal fencing, water and septic system(s) (taking into account the provision of paragraph 1 a) ] , private parking areas, and the like ; completion of the site improvements as specified in the approved Site Plan shall be completed within the time frame allowed for the renovation of Category III improvements as provided in paragraph 5 c) herein. e) Upon completion of all work reviewable by said Review Committee, "as-built" plans shall be provided to DISTRICT by LESSEE, without cost to DISTRICT. 6 . WINERY OPERATION. DISTRICT understands that as a part of LESSEE 's operation, there will be wine tasting, sales, and merchandising customary to such operations, and LESSEE agrees to conduct said operations in a safe, clean, and orderly fashion, paying particular attention to the following: a) Signs - all directional or other signs displayed for the benefit of LESSEE' s operation shall not be placed on or about the subject Premises without first having obtained written permission from DISTRICT, and the size,- design and placement of -4- EXHIBIT Page�Of said signs shall be at the sole discretion of DISTRICT. b) Alcoholic Beverages, any dispensing or sale of alcoholic beverages on the Premises shall be strictly controlled and monitored by LESSEE, so that no commotion, disturbance or disorderliness occurs, and LESSEE agrees that it is solely liable and responsible for any and all damage, destruction or injury, however occurring , as a result of said dispensing and sale, and indemnifies and holds DISTRICT harmless against any and all such claims . c) Admission Charges LESSEE understands and agrees that no general "admission charge" shall be assessed or collected during the times that LESSEE's operation is open to the public for wine tasting or similar purposes or at any. other time. Charge may be made for beverage or food sold or dispensed as a part of LESSEE 's winery operation. d) Litter - LESSEE agrees to keep the. Premises in a sightly and (:;r--derly condition, including but not limited to, the regular collection and disposal of -iitter and trash. e) Historical Buildings LESSEE agrees to conduct its operations in sucha manner so as to protect from damage or destruction all improvements and historical buildings on the site. f) Advertising and Publicity - Any and all commerical signing on or about the Premises or commercial brochures specific- ally referring to the Leasehold Premises ' shall be supplied by LESSEE, at its sole cost and expense, but such signs or commercial brochures produced by LESSEE in quantities exceeding one thousand (1 ,000 ) copies shall, at discretion of DISTRICT, acknowledge DISTRICT's cooperative role in which case DISTRICT shall provide the wording for such acknowledgement in a brief and concise form. g) Production Limits Upon completion of the renovation of the Category I improvements as provided in Paragraph 5a) herein, and as a part of LESSEE'S winery operation, Lessee agrees to' pro- duce no less than 4 ,750 gallons of wine per year (based upon a three year running average) on the Premises and no more than 71 ,250 gallons in any single year. h) Bonding Number Lessee understands that ATF Bonding Number 148 was previously used on the Premises and LESSEE Agrees to pursue the reissuance of that Bonding Number for LESSEE'S winery operation on the Site, provided however, that upon termination of this Lease for whatever reason, LESSEE shall abandon and re- linquish said Bonding Number to DISTRICT for future use on said Premises and LESSEE shall assert no further claim to said Bonding Number. i ) Special Production In the event DISTRICT or LESSEE is able to secure the name 1Picchetti"_' for use on special or EXHIBIT A L4 L71 -5- P... 9 of limited wine production, LESSEE agrees to process and bottle a minimum of 50 cases of wine for each year that such name is available to DISTRICT, and so la' bel said special production with the name "Picchetti" , provided however, that upon termination of this lease, for whatever reason, LESSEE shall abandon and relin- quish the name "Picchetti" to DISTRICT for future use in connection with said premises and LESSEE shall assert no further claim to said name. Neither party hereunder shall be required to reim- burse the other party for any costs -or expenses associated with obtaining the rights to the ,. "Picchetti" name or processing or bottling such limited wine production. 7 . PUBLIC AMENTITIES. LESSEE understands and agrees that as a part of the renovation required by DISTRICT herein, LESSEE shall provide the following public amenities: a) Within eighteen (18) months following the start of the term of this lease, LESSEE, at it sole cost and expense, shall construct and provide a public parking lot with a maximum of twenty-five ( 25) parking spaces. Construction of an overflow parking area with a maximum of *twenty-five additional parking spaces shall be allowed at the sole discretion of DISTRICT, utilizing a DISTRICT-monitored study of frequency of public use of the open space preserve and winery parking requirements as a guide. Construction costs of the overflow parking area shall be shared by DISTRICT and LESSEE on a proportionate basis of use as determined by said study. b) Within twenty-four (24) months following the start of this lease, LESSEE, at its sole cost and expense shall con- struct and provide public toilet facilities, drinking water supply, picnic tables to accommodate a minimum of twenty-four (24) people, and telephone (hereinafter "Picnic Facilities" ) . The location of these Picnic Facilities shall be removed from the public parking area as shown and delineated on said exhibit "All and shall be available to the general public in accordance with the conditions of paragraph 8 herein. In the event DISTRICT, at its sole dis- cretion, desires to have said Picnic Facilities relocated adjacent to the public parking area; the required relocation of said Picnic Facilities (excluding permanent public toilet facilities ) shall be accomplished and paid for by LESSEE, provided, however, that upon completion of such relocation , DISTRICT shall become respons- ible for and assume any and all maintenance and management of said Picnic Facilities, and LESSEE shall have no further obligation on that account. DISTRICT's requirement of LESSEE to relocate such facilities shall require a minimum of sixty (60 ) days written notice to LESSEE. Except as provided in paragraph 7b herein, all of the public amenities required herein shall be provided at LESSEE 's sole cost and expense. Plans and specifications shall be prepared, reviewed, approved and implemented under the guidance of said Review Com- mittee as established in paragraph 5a herein. EXHIBIT Yq Page �of -6- 8 . PUBLIC USE a) During the entire term of this lease, but after the elapse of eighteen (18) months as provided in paragraph 7a herein- above , the public parking lot shall be opened by LESSEE during the regular Preserve hours, as may be modified by DISTRICT from time to time . As of the date of this lease, the regular Preserve hours are from dawn to dusk, seven ( 7 ) days per week. LESSEE is further required to provide for the opening and unlocking of the gate(s) to the public parking area(s ) each morning and the closing and locking of said gate(s) each night. - Occasionally , in the event LESSEE is unable to provide for the opening and/or closing of the gate(s) DISTRICT shall 1be notified in a timely fashion by LESSEE to enable DISTICT to provide for same. b) Generally , during the term of this lease, the Public Amenities, as provided for in paragraph 7 herein, shall be avail- able to the Park and/or Recreation Departments (and for the re- creation programs) of the local agencies within the Open Space District boundaries, such as the City of Cupertino. Any such use, except for a special event use, shall be authorized by mutual consent Of DISTRICT and LESSEE, and a permit and"contract agree- ment shall be issued for such use. In anticipation of requests for such use, LESSEE shall designate, with approval of said Re- view Committee as provided in paragraph 5 herein, a minimum of 200 square feet of covered building area wthin the Category III improvements capable of being partitioned and served by at least one outside entrance. LESSEE shall cooperate in the interior refurbishment of such area, but shall not be responsible for any costs associated with any specific interior improvements so required by DISTRICT and/or the local agencies using said area. c) Generally, during the entire term ,of this lease, the Public Amenities (after construction as provided herein) , and Category I and III improvements shall be open to individual or group members of the general public who apply through LESSEE for docent led or similarly supervised activities, which permission shall not be unreasonabmy­­wIthheld , except in the fall (defined as the last week of August to the first week of November inclusive) during a total of approximately four weeks of high volume of grape crushing and processing activities, when all such public use re- quests shall be allowed at the sole discretion and with the written permission of LESSEE, which discretion shall be reasonably exer- cised. Also, during the initial renovation period as described in paragraph 5a hereinabove , members of the public will only be allowed in the building area at the sole discretion and with the written permission of LESSEE, which discretion shall be reasonably exercised. Also, during the initial renovation period as described in para- graph 5a he'reinabove, members of the public will only be allowed in the building area at the sole descretion and with the written per- mission of LESSEE. d ) Additionally, after eighteen (18) months, or earlier, at LESSEE 's option, following the start of the term of this lea'ser LESSEE shall open the public parking area and the interior of the Category I improvements (excluding Garage) to general public EXHIBIT _P 1 14 visitation use and enjoyment for a minimum of one ( 1 ) day per week for eight ( 8 ) consecutive daylight hours, except during the approximately four weeks of high—volume grape crushing and pro- cessing activities as hereinabove defined. e ) After thirty ( 30) months, or earlier, at LESSEE's option, following the start of the term of this lease , LESSEE shall open all Public Amenities and the interior of all Category I improvements (excluding Garage) to general public visitation use and enjoyment for a minimum of two ( 2 ) days per week (one of which shall be a weekend day!'_ for eight ( 8 ) consecutive daylight hours, except during the approximately four weeks of high volume of grape crushing and processing activities as hereinabove de- fined. f) Permits for use of the public parking area and sur- rounding open space preserve for times other than regular pre- serve hours ( "after hours use" ) as described in paragraph 8a herein, shall be issued by DISTRICT only. In the event DISTRICT issues a permit for group or individual members of the public to use the surrounding open space preserve for a special event or after hours use, DISTRICT shall notify LESSEE at least twenty-four ( 24 ) hours in advance of such intended use, which use shall have access to the public parking area either through cooperation of LESSEE or use of a combination lock on the gate which will be attended to by -the user(s) . g ) "After hours use" of the Leasehold Premises shall be at the sole discretion of LESSEE, provided however, that if "after hours use" by LESSEE of the public parking area or surrounding Preserve is anticipated , LESSEE shall notify DISTRICT a minimum of twentyfour ( 24) hours in advance of such intended "after hours use" and secure a permit from DISTRICT as would any other member of the general public. The DISTRICT's decision to issue a permit for said "after hours use" shall be final. h) The provisions for opening the Premises to public use, as outlined in this paragraph should be applied generally throughout the ' term of this lease provided, however that LESSEE, with written consent of DISTRICT, shall be able to close said Premises to public use if, in the opinion of LESSEE, with concurrence of DISTRICT, conditions exist on the Premises that would make public use un- desirable. Said written consent by DISTRICT shall not be unreason- ably withheld. 9 . ORDINANCES. During the entire term of this lease, all DISTRICT ordinances shall apply to all public parking areas , both in the initial lot and overflow areas, if allowed (see paragraph 7a) , and the surrounding open space preserve and shall be so signed and enforced by DISTRICT. Said ordinances shall not apply to the balance of said Leasehold Premises, and DISTRICT shall have no obligation to provide for such enforcement within the balance of said Leasehold Premises. -8- EXHIBIT._____ Page hoof LYq 10 . PUBLIC TOURS . A maximum of three ( 3 ) times each calendar year following completion of the renovation for all improvements as described in paragraph 5 herein' above, and the Public Amenities described in paragraph 7 hereinabove , LESSEE shall permit DISTICT to open any or all Category I and III improvements to the general public for a period not less than four consecutive hours and not more that eight consecutive hours, provided however that DISTRICT shall give written notice of such event to LESSEE a minimum of seven ( 7 ) days prior to the tour. DISTRICT shall bear all cost associated with such an event. DISTRICT shall hold LESSEE harm- ' less from and defend LESSEE against any and all claims or liability for any injury or damage to any person or property whatsoever, occurring in, on, or about the Leasehold Premises or any part thereof during such an event caused as a direct or proximate result of any act, neglect or fault of any person or persons participating in such an event, but not as- 'a result of any re- sponsibility of LESSEE as provided in paragraph 27 herein. 11 . CARETAKING RESPONSIBILITY. LESSEE shall provide a re- sident caretaker on the Premises who will be present at all reason- able times for the protection of the Leasehold Premises, including all leasehold improvements and DISTRICT owned personal property. 12 . TREES. LESSEE shall not cut, nor permit others to cut, any trees on the Premises, unless the prior written consent of DISTRICT is obtained. 13 . GRANTS. The parties acknowledge that all or a portion of LESSEE ' costs of renovation, as described in paragraph 5 here- in, may be eligible as local matching money for historical grants of funds that DISTRICT may (but is not obligated to) apply for to assist in the restoration of the historical- buildings described in paragraph 1 herein. In this respect, LESSEE agrees to cooperate in applying for any such grants, including the submission of plans and specifications, at no cost to DISTRICT, as provided by LESSEE in accordance with paragraph 5 herein, including detailed estimates Of cost, for review and approval by any local, state or federal agencies as may be required ; LESSEE further agrees to make changes in said plans and specifications or estimates as may be required by said agencies in order to qualify for any such grants. It is understood that the plans and specifications referred to in this paragraph would have been prepared or be reasonably expected to be prepared by DISTRICT and LESSEE in order to complete the renovation as provided by paragraph 5 herein. LESSEE understands and agrees that any grant funds so obtained by DISTRICT shall be the property of DISTRICT, and applied only as directed by DISTRICT. Additionally , DISTRICT shall cooperate with LESSEE in the event LESSEE applies for grant funds to restore any or all of said Premises and in the event LESSEE receives grant funds through its own efforts, said grant funds may be applied as directed by LESSEE, but in accordance with the approved renovation as provided by paragraph 5 herein. EXHIBIT-- Page 14. POSSESSION. If DISTRICT, through no fault Of DISTRICT, cannot deliver possession of said Premises to LESSEE at the commencement of the term hereof ,:* this lease shall not be void or voidable , nor shall DISTRICT be liable to LESSEE for any loss or damage resulting therefrom, provided however, that LESSEE may terminate this lease and DISTRICT shall immediately refund LESSEE'S deposit as required by Paragraph 21 herein, if, through no fault of LESSEE , DISTRICT does not deliver possession of Premises within ninety ( 90) days after execution hereof . 15 . RESTRICTIONS. LESSit shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the use of DISTRICT's lands on or surrounding the . leased premises, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purposes , nor shall LESSEE cause, maintain or permit any nuisance in, on or about the Premises. LESSEE shall not commit or suffer to be committed any waste in or upon the Premises. Nothing herein shall prevent LESSEE from using the Premises for the purpose for which they were leased. 16. COMPLIANCE WITH LAWS. LESSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or govern- mental rule or regulation now in force or which may hereafter be enacted or promulgated, including , but not limited to all build- ing, plumbing, electrical, sanitary, health and similar codes. LESSEE shall, at its sole cost and expense, promptly comply with all laws, statutes , ordinances and governmental rules, regulations or requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of :. the Premises. The judgement of any court of competent jurisdiction or the admission Of LESSEE, whether DISTRICT be a party thereto or not, that LESSEE has violated any law, statute, ordinance or governmental rule, regulation, or requirements, shall be conclusive of that fact as between DISTRICT and LESSEE. 17. ALTERATIONS. Once the renovation and Public Amenities described in paragraphs 5 and 7 herein are completed , LESSEE shall not make or suffer to be made any alterations, additions or im- provements (which shall include but not be limited to outbuildings, fences and signs) to or of the Premises or any part thereof with- out written consent of DISTRICT first had and obtained, and any alterations, additions or improvements of said 'Premises, except movable furniture , and LESSEE Is fixtures (including but not limited to' wine making equipment) shall at once become a part of the realty and belong to DISTRICT. In the event DISTRICT consents to the making of any alteration, addition, or improvement to 'the Premises by LESSEE, the same shall be made by LESSEE at LESSEE's sole cost and expense and any contractor or person selected by LESSEE to make the same must first be approved of in writing by DISTRICT. EXHIBIT Page V 18 . REPAIR. Subject to the provisions of paragraph 28 herein, LESSEE shall , at LESSEE's sole cost and expense, keep the Premises and any part thereof in good condition and repair, it being the intent of the parties that upon termination of this lease, LESSEE shall deliver unto DISTRICT historically rehabilitated structures and surrounding improvements as provided in paragraph 5 herein which have been, throughout the leasehold term, well maintained. LESSEE hereby waives all rights to make repairs at the expense of DISTRICT as provided by any law, statute or ordinance now or hereafter in effect. LESSEE shall , upon the expiration or sooner termination of the term hereof, surrender the Premises to DISTRICT in good condition and repair. It is specifically under- stood and agreed that DISTRICT has no obligation and has made no promises to alter, remodel, improve, repair, decorate - or paint any or all of the improvements as defined in paragraphIl herein, or any part thereof, and that no representation regarding the condition of said improvements with respect to the suitability thereof for the intended use have been made by DISTRICT or DIS- TRICTS's agent to LESSEE, except.. as specifically herein set forth. LESSEE hereby waives all rights under, and benefits of, subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code and under any similar law, statute or ordin- ance now or hereafter in effect. 19. PERMITS AND SERVICES.. . LESSEE shall be responsible, at LESSEE 's sole risk and expense, for obtaining all necessary per- mits and approvals for the renovation of the improvements, the operation of the winery, and the conduct of any other of LESSEE's activities on the Premises, and for installing and maintaining, for the entire term of this lease , all required or desired utilities or other services on or serving the Premises. DISTRICT will assist LESSEE, where appropriate in the opinion of DISTRICT, in obtain- ing such permits, approvals , service or utilities, but DISTRICT makes no representation as to the adequacy or availability of any such permits, approvals , services or utilities. 20 . CONTINGENCIES. LESSEE shall have the right to deter- mine within six 1- (6) months from the date of possession as pro- vided in Paragraph 3 herein, whether the necessary permits, approvals , services, utilities, and financing are available and, if not, to withdraw from the provisions of this lease. Any such determination to withdraw shall be conveyed in writing to DISTRICT promptly, and in no event later than ten (10) days after the expiration of said six (6) month period. 21 . DEPOSIT. LESSEE has deposited with DISTRICT the sum. of Three Thousand and No/100 Dollars ( $3,000. 00) as earnest money for the faithful performance by LESSEE of the terms and conditions of this lease. DISTRICT may retain the entire $3, 000. 00 to cover DISTRICT's administrative costs and rental charges should LESSEE: (a) decline to proceed with the renovation and Public Amenities in EXCHIBIT Iq -11- Page-L.�L..OU9 accordance with paragraphs 5 and 7 hereinabove, or (b) decline to proceed because of failure to obtain the necessary permits , approval , service, utilities and .-financing as described in para- graphs 18 and 19 hereinabove; proClided however, that if through no fault of LESSEE, the necessary permits cannot be obtained, and LESSEE has pursued said permits in good faith, DISTRICT shall refund one half , or $1,500 of said deposit to LESSEE. Otherwise DISTRICT shall return LESSEE 's earnest money deposit upon LESSEE providing DISTRICT with evidence of the actual expenditure of $10 ,000 physical rehabilitation of Category I or II. Provided in paragraph 5a here�In. 22. ROAD MAINTENANCE. LESSEE shall be responsible for and satisfy all road and parkingarea maintenance requirements within the Leasehold Premises, and shall not call upon DISTRICT, for any reason whatsoever, to participate in or help.,pay for any road or parking maintenance, operation or construction; provided however, that in the event DISTRICT requires that the "overflow parking area" be constructed, as defined in paragraph 7a herein, and further that DISTRICT requires that said overflow :parking be open to the general public more often than those hours coinciding with the public use requirements of par I agraph 8e, then DISTRICT shall manage and maintain both parking areas (the public parking lot and overflow parking area) and LESSEE shall be relieved of any and all responsibility to maintain and manage said parking areas. 23. RELOCATION ASSISTANCE. It is agreed by and between the parties hereto that this tenancy is of a temporary nature, and no relocation payment or advisory assistance will be sought or pro- vided in any form as a consequence of this tenancy or at the expiration or termination thereof. In the event of assignment or sublease of all or a portion of LESSEE's interest in and to said Premises in accordance with paragraph 26 herein, LESSEE, on be- half of itself , its successors and assigns and on behalf of any tenants or occupants of the Premises, hereby specifically waives and releases DISTRICT or its successors from any and all claims, by whatever nature known, including, but not limited to claims for .relocation benefits and/or payments pursuant to California Government Code Section 7260 and following (or similar law) ; and LESSEE, on behalf of itself , its successors and assigns and on be of any tenants or occupants of the Premises agrees to hold DISTRICT harmless and reimburse DISTRICT for any and all liability, losses or expense occasioned by reason of any and all of such claims . 24. ABANDONMENT. LESSEE shall not vacate or abandon the Premises at any time during the term, and if LESSEE shall abandon, vacate for 30 days or longer or surrender said Premises, or be dispossessed by process of law, or otherwise , any personal property belonging to LESSEE and left on the Premises shall be deemed to be the property of DISTRICT and may be used or disposed of 'by DISTRICT without further notice to LESSEE. 25 . LIENS. At least thirty (30 ) days before commencing or causing to be commenced the initial work--of renovation in accord- EXHIBIT Paige /11 of 14q 6"� ance with paragraph 5 herein, and thereafter at least fifteen (15 ) days before commencing or causing to be commenceLd any work on the Premises for which a mechanic 's or material men's lien could be asserted under California law' LESSEE shall give DISTRICT written notice of LESSEE ' s intention to do so in order that DISTRICT may post a notice of non-responsibility and take any other steps DISTRICT deems advisable to protect against liens or other claims against the property. LESSEE shall, throughout the period of this lease, keep the Premises and the property in'w'-hich the Premises are situated free from any liens arising out of any work performed, materials furn- ished or obligations incurred by LESSEE. LESSEE shall not be in default under the provisions of this lease so long as it is contesting any such lien with due diligence. 26. ASSIGNMENTS AND SUBLETTING. a) LESSEE may assign or sublet all or a portion of LESSEE 's interest herein only to a limited partnership in which LESSEE has the controlling management interest in the Leasehold Premises and where LESSEE is a general partner, or to a corporation in which LESSEE has a substantial interest ( in excess of 20% of the outstanding stock) and activity participates in the management of the Leasehold Premises . b) LESSEE shall not otherwise- assign, transfer, mort- gage, pledge, hypothecate or encumber this lease , or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, without the written consent of DISTRICT first had and obtained, which consent shall not be unreasonably withheld; and a consent to one .assignment, sublet- ting, transfer or use shall not be deemed to be a consent to any subsequent assignment, subletting, transfer or use and and such assignment, subletting , transfer' or use shall be void. This Lease shall not, nor shall any interest therein, be assignable nor shall it be an asset in bankruptcy as to the interest of LESSEE by operation of law without the written consent of DISTRICT. It is the intent of DISTRICT and LESSEE that any occupant and/or operator of the Premises, except a short-term caretaker, shall have demonstrated an interest in the preservation of the historical nature of all of the improvements in the Leasehold Premises. 27. LEGAL RESPONSIBILITY AND INDEMNIFICATION. LESSEE shall.* have full legal responsibility for the Leasehold Premises and the conditions thereof and for all activities conducted thereon, and in this respect LESSEE shall hold DISTRICT harmless from and de- fend DISTRICT against any and all claim or liability for injury or damage to any persons or property whatsoever occurring in, on or about the Leasehold Premises arising out of any condition of the Premises or of any act, neglect, fault or omission with re- spect to LESSEE'S responsibilities as hereinabove defined, or of any act, neglect, fault or omission of LESSEE's -agents, employees, or invitees. -13- EXHIBIT Page .ZLOf__._U 28. INSURANCE a ) Liability LESSEE;- at LESSEE ' s expense, agrees to keep in force during the term hereof public liability insurance with limits in the amount of $2 ,000 ,000. or other amounts as may be determined during the review of insurance coverage provided in paragraph 28c herein, to indemnify against the claims Of one or more persons in any one occurrence. The Policy or Policies effecting such insurance shall name . DISTRICT, its employees, agents and members of the Board of Directors as additional in- sureds , and shall insure any?-liability of DISTRICT contingent or otherwise , arising out of any condition of the Leasehold Premises or acts or omission of LESSEE, its agents, employees or invitees or otherwise by any conduct or transaction of any of said per- sons in or about or concerning the Premises. Said insurance shall be issued by an insurance company admitted to transact business in the State of California and shall provide that the insurance effected thereby shall not be can except upon sixty (60) days prior written notice to DISTRICT. b) Fire - LESSEE shall , at LESSEE's expense and for the benefit of LESSEE and DISTRICT, maintain throughout the period of this lease adequate extended fire insurance coverage. "Adequ- ate" coverage as used herein shall mean sufficient coverage to repair and restore, under an extended coverage fire policy, damage to the extent of at least eighty percent (80%) of the value of the improvements on the Premises as measured by replace- ment cost. It shall be the responsiblity of LESSEE to determine such replacement cost annually, and to provide adequate insurance coverage, and LESSEE indemnifies DISTRICT for LESSEE's failure to do so. If the Premises are damaged or destroyed by fire or other casualty, LESSEE shall promptly repair or replace such dam- age or loss, such that the Premises are restored to substantially the same condition as prior to the damage, if, in LESSEE 's judg- ment it is desirable to make such repairs and the same can be completed within one hundred eighty (180) days in accordance with the laws and regulations of the State, Federal , County and Municipal authorities having jurisdiction, and in such case this lease shall remain in full force and effect, and LESSEE shall immediately proceed to provide for such repair. If LESSEE should determine not to repair and restore, then DISTRICT shall within sixty (60) days hdve the right to determine whether to repair and restore the Premises. If DISTRICT decides to repair and restore, all of said insurance shall be available for such purposes, and, at the option of DISTRICT, this lease may be terminated and all of LESSEE 's rights in the Lease- hold Premises and said Lease shall cease, and in such case LESSEE shall deliver to DISTRICT an executed and acknowledged quitclaim deed to LESSEE' s interest, as provided in Paragraph 46 herein. By delivery of said quit claim deeds LESSEE is relieved of any and all cost or liability on that account. EXHIBIT -14- Page _Z�Zcf L4 q In the event that both LESSEE and DISTRICT decide not to repair and restore, the insurance proceeds from the leasehold im- provements and Leasehold personalty shall be divided between the parties in the ratio as determined by the remaining number Of full months of the term of this Lease as the Numerator and 300 ( the total number of months in the full Lease Term) as the Denominator, and at the option of DISTRICT, this lease may be terminated and all of LESSEE 's rights in the lease, the real and personal property as described in paragraph 1 herein shall cease, and in such case, LESSEE shall deliver to DISTRICT an executed and acknowledged quitclaim d6e*-d to LESSEE ' s interest, as provided in paragraph 46 herein. DISTRICT and LESSEE do each hereby respectively release the other, on behalf of themselves and respective insurers on Policies of insurance required to be carried hereunder, to the extent of insurance coverage of the releasing party, from any liability for loss or damage caused by fire or any of the extended coverage casualties included in the releasing party 's insurance Policies, irrespective of the cause of such fire or casualty. LESSEE hereby waives the provisions of Subsection 2 of Section 1932 and Subsection 4 of Section 1933 of the California Civil Code. c ) Review - From time to time (approximately every five ( 5) years ) the-parties shall review the amounts of the insurance as to the adequacy and negotiate new policy limits as appropriate, using increase in the Consumer Price Index or Similar Index as a guide. d) Alternative Insurance - In the event vent LESSEE is not able to secure any or all of the insurance coverage required here- in, LESSEE may request that DISTRICT, at its sole option, secure such insurance as may be necessary , based on the terms and con- ditions herein, from DISTRICT's insurance carrier, should said carrier agree to so provide such insurance. If such insurance is made available, LESSEE shall pay the full cost of such insurance to DISTRICT, in advance. 29. TAXES PAYABLE BY LESSEE. LESSEE agrees to pay or cause to be paid, be ore de inquency, any and all taxes levied or assessed and which become payable during the term hereof 'upon the Premises and upon all equipment, furniture, fixtures and other personal property located in or on the Premises, including, but not limited to, all taxes that arise by virtue of a possessory interest. Such obligations of LESSEE shall not include taxes on any reversionary interest owned by DISTRICT, or upon DISTRICT operated and maintained structures which may be determined by an appropriate taxing authority to be wholly or partially tax-exempt. 30. ESTABLISHMENT OF LESSEE 'S -ORIGINAL INVESTMENT. LESSEE'S original 'investment shall be defined as : the amount of money actually paid or in-kind value actually received by LESSEE (or a -15- EXHIBIT Page Of qq lender of LESSEE or grant funds obtained by LESSEE) and LESSEE's self-contracted labor or voluntary labor recruited by LESSEE at rates set by the Review Committee established in paragraph 5 herein, for actual capital improvements to the Premises in accordance with the approved renovation plan, made in the first five ( 5) years of this lease as approved by DISTRICT. Upon completion of the initial renovation and Public Amenities as provided in paragraphs 5a and 7a herein, LESSEE will provide DISTRICT, in a form acceptable to DISTRICT, substantiation of such expenditures. Therea;'fter, at least annually , LESSEE shall provide DISTRICT with an accounting showing all such approved capital expenditures for work completed during the first five (5) years. 31. TERMINATION BY DISTRICT. Notwithstanding any other pro- visions of this lease DISTRICT may, at any time after nine (9) years from the effective date hereof, in accordance with Public Resources Code Sec. 5563, terminate this lease ..by "buying out" LESSEE, upon giving LESSEE not less than a one (1 ) year written notice of such termination. In the event of this exercise of such right by DISTRICT, DISTRICT shall pay to LESSEE within ninety (90) days after the effective date of such termination a sum determined as follows : LESSEE and DISTRICT shall each choose one expert in the field of real property valuation, or winery analysis and appraisal , or lease or leasehold appraisal or any combination of these fields. The two experts so chosen shall select a third expert in the field(s ) and the resulting panel of three shall make the final determination as to "buy-out" cost and payment by DISTRICT. Said panel shall consider among other things, the "Market Value" of the leasehold interest, taking into account the remaining term of this Lease and the value of LESSEE'S business ( including "goodwill" ) . The final amount shall be based upon the definition of "Fair Market Value" as used in a court of competent jurisdiction determining the amount of just compensation in the acquisition of private property by a public agency utilizing its power of eminent domain. Said panel shall be entitled to reasonable fees and expenses, both for their own services and for the hiring of additional consultants as may be reasonable necessary. Such fees and expenses shall be shared equally (50/50) by LESSEE and DISTRICT. Such payment so made by DISTRICT shall constitute a complete "buy out" of all of LESSEE 's remaining interest in this lease, in the Leasehold Premises as defined in paragraph 1 herein, any and all improvements thereon and any and all rights to relocation benefits as the same may exist from time to time under State or Federal law (see also paragraph 23 herein) . Upon such termina- tion by DISTRICT and such payment to LESSEE, LESSEE shall deliver to DISTRICT an executed and acknowledged quitclaim deed to LESSEE's interest, if any , as provided by paragraph 46 herein. EXHIBIT._,� _16- Page_/C/ -Q L LI� LESSEE accepts this lease with knowledge of Public Resources Code Section 5563 , applicable to DISTRICT, which provides in part that "when land or property is temporarily unnecessary for park or open-space purposes , it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the Board by ordinance determine to use the lands for park, open-space, or other DISTRICT purposes, the lease shall thereby be terminated . " Pursuant to said Code Section, this Lease may be so terminated in accordance with the terms and conditions of this paragraph. 32 . HOLDING OVER. Any holding over after the expiration or other termination of the term of this lease with the written con- sent of DISTRICT delivered to LESSEE shall unless otherwise agreed in writing , be construed to be a tenancy from month to month at the reasonable rental value of the property - on the date of such expiration or temination on the terms, convenants -and conditions herein specified so far as applicable. Acceptance by DISTRICT of rent after such expiration or termination shall not constitute a consent by DISTRICT to any continuing tenancy. from month to month or result in any other tenancy or any renewal of the term hereof. The provisions of this paragraph are in addition to, and do not affect, DISTRICT's rights of re-entry or other rights hereunder or those provided by law. 33 . ENTRY BY DISTRICT. DISTRICT"reserves, and shall at all reasonable times have, the right to enter the Premises to inspect the Premises for purposes of patrolling and inspecting . the DISTRICT's adjoining open space lands and determining compliance with the provisions of this lease. For the foregoing purposes, DISTRICT shall at all times have or be provided with and retain a key with which to unlock each and every. door on the Premises (excluding LESSEE's private residence, vaults,, safes and similar areas designated in writing by LESSEE in advance) ; and DISTRICT shall have the right to use any and all means which DISTRICT may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by DISTRICT by any of said means , or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlaw- - ful entry into or a detainer of the Premises or an eviction,, actual or constructive, of LESSEE from the Premises, or any por- tion thereof; in this respect, DISTRICT shall hold LESSEE harm- less from and defend LESSEE against any and all claim or liability for injury or damage to any persons or property whatsoever occur- ing in, on or about the Leasehold Premises as a result of any act, neglect , or fault of DISTRICT, It 's officers, employees or agents with respect to DISTRICT'S rights and responsibilities as herein defined. 34 . INSOLVENCY OR BANKRUPTCY. The following acts shall con- stitute a breach or this lease by LESSEE. a) Appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, followed by the EXHIBIT Page A of L49 taking of such possession, and a continuance thereof for a period of thirty (30 ) days or more. b) The adjudication of LESSEE as a bankrupt. c) The filing by LESSEE of a petition for an arrange- ment under the Bankruptcy Act. d) An assignment of this lease by LESSEE for the benefit of creditors. On the happening of any such event, this lease shall terminate five ( 5 ) days after receipt of written notice of term- ination from DISTRICT to LESSEE. In no event shall the leasehold estate under this lease, or any interest therein, be assigned by operation of law, by voluntary or involuntary bankruptcy proceedings, or otherwise, and in no event shall this lease or any rights or privileges hereunder be an asset of LESSEE under any bankruptcy, insolvency or reorgan- ization proceedings. 35. DEFAULT BY LESSEE. In the event that Lessee or its/their successor(s ) : (1 ) abandons or vacates the Premises ; or ( 2 ) fails to pay rent or other sums payable hereunder when due within sixty (60 ) days after written notice; or (3) fails to perform or observe any other item, covenant or condition of this lease on LESSEE's part to be performed or observed , or otherwise breaches this lease, and within thirty (30) days after written notice from DISTRICT fails to commence and diligently pursue remedy thereof ; then DISTRICT, in addition to any other rights and remedies of DISTRICT at law or in equity, shall have the right to either terminate LESSEE's right to possession of the Premises and thereby terminate this lease, or have this lease continue in full force and effect with LESSEE at all times having the right to possession of the Premises. Should DISTRICT elect to terminate LESSEE 's right to Possession of the Premises and terminate this lease, then DISTRICT shall have the immediate right of entry and may remove all persons and property from the Premises. Such property so removed may be stored in a public warehouse or elsewhere at the cost and for the account of LESSEE. Should DISTRICT, following any breach or default of this lease by LESSEE, elect to keep the lease in full. force and effect with LESSEE retaining the right to possession of the Premises (notwithstanding the fact that LESSEE may have abandoned the Pre- mises) , then DISTRICT, in addition to all other rights and remedies DISTRICT may have at law or in equity, shall have the right to enforce all of DISTRICT's rights and remedies under this lease. Notwithstanding any such election to have this lease remain ' in full force and effect, DISTRICT may at any time thereafter on account of such or any subsequent breach or default elect to term- inate LESSEE's right to possession of said Premises and thereby terminate - this lease. 4 EXHIBIT -15- Page Q of 36. DEFAULT BY LESSOR. DISTRICT shall not be in default un- less DISTRICT fails perform to obligations required Of DISTRICT within a reasonable time, but in no event earlier than thir ty days after written notice by LESSEE to DISTRICT specifying wherein (30) DISTRICT has failed to perform such obligations; provided however, that if the nature of DISTRICT's obligation is such that,more than thirty ( 30) days are required for performance, then DISTRICT shall not be in default if DISTRICT commences performance thirty ( 30) day within such period and thereafter. diligently prosecutes the same to completion. 37. RIGHT OF DISTRICT TO PERFORM. All terms , covenants and conditions 0r this lease to be performed or observed by LESSEE shall be performed or observed by LESSEE at LESSEE 's sole cost and expense and without any reduction of rent. If LESSEE shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other item or convenant hereunder on its part to be performed, and any such failure shall continue thirty (30 ) days after written notice thereof by DISTRICT, DISTRICT, without waiving or releasing LESSEE from -any obligation Of LESSEE hereunder, may, but shall..not be obligated to, make any such payment or perform any such other term or convenant on LESSEE's part to be performed. All sums so paid by DISTRICT and all neces- sary costs of such performance by DISTRICT, together with interest thereon at the rate of twelve percent J12%) per annum or the pre- vailing prime rate of interest, whichever is greater, from the date of such payment or performance by DISTRICT, shall be paid (and LESSEE convenants to make such payment) to DISTRICT on demand by DISTRICT, and DISTRICT shall have (in addition to any other right or remedy of DISTRICT) the same rights and remedies in the event of non-payment thereof by LESSEE as in the case of failure by LESSEE in the payment of rent hereunder. 38 . ATTORNEY'S FEES. In case suit should be brought by either party because of failure of performance or observance of any term, covenant or condition herein contained on the part of the other party, the unsuccessful party in such suit shall pay to the prevailing party therein a reasonable attorney's fee which shall be fixed by the court. 39. SURRENDER. The voluntary or other surrender of this lease or the Premises by LESSEE or a mutual cancellation of this lease shall not work a merger, and at the option of DISTRICT shall either terminate all or any existing subleases or subtenancies or Operate as an assignment to DISTRICT of all or any such sublease or subtenancies. 40. WAIVER. The waiver by either par'ty of the other party's failure to per- orm or observe any term covenant or condition herein contained to be performed or observed by such party shall not be deemed to be a waiver of such term, convenant or condition or of any subsequent failure of the party failing to perform or observe the same or any other term, covenant or condition therein EXHIBIT Page AL of. q9 40 contained, and no custom or practice which may develop between the parties hereto during the term hereof shall be deemed a waiver of , or in any way affect, the right of either party to insist upon performance and observance by the other party in strict accordance with the terms hereof . 41 . NOTICES AND ADMINISTRATION. a) Any notice to be given or other documents to be de- livered to either party by the other hereunder may be delivered in person or may be deposited in the United States mail in the State of California, duly registered or certified, with postage prepaid , addressed as follows: LESSEE : Ronald Stortz 1550 The Alameda, Suite 307 San Jose, CA 95126 LESSOR: Midpeninsula Regional Open .-Space District 375 Distel Circle, Suite D-1 Los Al tos, s CA 4 9 022 Each party hereto may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by registered or certified mail as afore- said, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail in the manner set forth above. b) Unless otherwise provided herein, this lease and all amendments or deletions hereto shall be administered on DISTRICT's behalf by the General Manager of DISTRICT, or his designee. 42 . GOVERNING LAW; SEVERABILITY. This lease shall in all re- spects be governed by and construed in accordance with the laws of the State of California. If any provision of this lease shall be invalid, unenforceable or ineffective for any reason whatsoever, all other provisions hereof shall be and remain in full force and effect. 43. PLATS AND RIDERS. Clauses, plats and riders, in addition to the Exhibits referred to herein, endorsed on or affixed to this lease are a part hereof. 44. TIME. Time is of the essence of this lease and of each and all of is provisions. 45. EXAMINATION OF LEASE. Submission of this instrument for examination or signature by LESSEE does not constitute a reserva- tion of or option for a lease and th is instrument is not effective as a lease or otherwise until its execution and delivery by both DISTRICT and LESSEE. EXHIBIT -20- P39e.�of�..., 46. LESSEE 'S QUITCLAIM. At the expiration or, �herein .-provided , LESSEE shall execu execute , ofthisleaseas term- acknowledge and deliver to DISTRICT, within ten ( 10) days after written demand from DISTRICT to LESSEE, any quitclaim deed or other document required by any reputable title company , licensed to operate in the State of California, to remove any cloud or encumbrance created by this lease from the real property of whi LESSEE 's Premises are a part. ch 47 . ENTIRE AGREEMENT. th-is instrument along with any exhibits and attachments hereto constitute the entire agreement between DISTRICT and LESSEE relative to the Premises and this agreement and the exhibits and attachments may be altered, amended or re- voked only by an instrument in writing, signed by both DISTRICT and LESSEE: . DISTRICT and LESSEE agree hereby that all prior or contemporaneous oral agreements between and among themselves and their agents or representatives relative to the leasing of the Premises are merged in or revoked by this agreement. 48 . QUIET POSSESSION. Upon LESSEE's paying the rent, ad- ditional rent and other sums provided hereunder and observing and performing all of the convenants , conditions and provisions on LESSEE 's part to be observed and performed hereunder, LESSEE shall have quiet possession of the Premises for the entire term hereof, subject to all of the provisions of this lease. 49 . BIND SUCCESSORS. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs and assigns of the parties hereto. 50. RECORDING. This lease is executed and is to be effective on the date firs hereinabove set forth. LESSOR: LESSEE: MIDPENINSU LA REGIONAL OPEN SPACE DISTRICT By. By: President, Board of ors Ronald J Stortz By: -4- R61ayno K. or Dated : � � iQG11 _ Dated : ATTEST: t er o t e F3oar 4A4X_" EXHIBIT -21- PageQ ) of i 5 r I �•-,, � C� s q / C � , '� ✓ -C r* t I Dim i I 1 ` • f roo ■, ..I a t�1 B�1A8l dpe ;. tSpace?Prese �po 1� J ftyl ) SoQ 988 MIK =..n.• : � Cupertino rF- f( Li "/�/ ll���� O u �• SITE MAP r t1Y0 (USGS Saratoga ' - , ' ..•_. i, i MONTE BELLO OPEN SPACE P ,..• f I RESERVE u+W wonr...;i r,u,` Picchetti Ranch Area ` YI l�.f..l S'••!•• � '� rfl!r�ln! 1 ro ,�*�:.�w EXHIBIT I _ .`,__ Lease Area Pale �_o¢ EXHIBIT Trails (Hiking & Equestrian) s �. L - I Page of �� Scale 1" = 1300 ' North t . _ .. ._. . ., ,, , , .--'� - . i - ��,. -� 1 ,. .. � i� ��' _ .ate.-• akr2.24 cr�£tp a .-Sst �• { y.} r t' �.� �• :Jt{lf�. t ��%r;�s i Lam. 11 y�+�p� �' " ��1+t •�.. t/,�',T''r _» t� �.r �� � �. ':c Z` "' `. f• :r � ` ;fjlt.i.'.••:n .t .�` 'a. �,t .� � t :V1 f ti: f r•rl r,.l`yC � -d e, , r �_:-,:^T�> Z .�1+. P,.: r7t — � ./'� ._• r t ..r '. .,,, .Jr-f'. ME s �•k.• _ L C •t!_l. t;. .+ .� + '.Y _.f+tk - O �w►,y S G e, v Ar it Wine Lcase_ Bwn Arez1 _ ry r ecm_wih \ y fl Am of Wer Tan k v.. RESOLUTION NO. 8 � RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING LEASE AGREEMENT FOR HISTORIC PRESERVATION (MONTE BELLO' OPEN SPACE PRESERVE/ PICCHETTI RANCH AREA) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows .,: , Section One. The D'i`stric o t may, under the provisions ons of Sections 5540 and 5563 of the Public Resources Code, lease such property owned by the District for a period of up to twenty five 25 years ,, and the Board. of Directors finds that the premises to be lease d fo r his toric preservation is temporarily unnecessaryfor and open space purposes and c park P p considers that a lease of such premises for historicial preservation is in the public interest, on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Lease. between ' Ronald J. Stortz and F.olayne K. Stortz and the Midpeninsula Regional Open Space District, a copy of which Lease is attached hereto and by reference made a part hereof, and does hereby authorize the President and appropriate officers to execute said-,,'Lease on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Lessee. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing, of the transaction. EXHIBIT Page J�q °f RESOLUTION NO. 82-50 PASSED AND -ADOPTED by the Board of Directors of the Mid peninsula P a Regional Open Space District on October 27 , 1982 at a regular meeting thereof, b the following vote : e . 9 Y g 4 AYES: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. NOES: None. ABSTAIN: None. ABSENT: Daniel Wendin. ATTEST: APPROVED: Secretary, Board of Directors President, Board of Di ectors Pro-Tempore r I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. Distr' t Clerk t _ EXHIBIT y . , page '92 ..of LEASE AMENDMENT NO. I THIS LEASE AMENDMENT NO. 1 is made and entered into this day of AILV 1999 by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district under .the laws of the State of California, as LESSOR (or "DISTRICT") and RONALD J. STORTZ and ROLAYNE K. STORTZ, his wife as LESSEE. R E C I T A L S WHEREAS, DISTRICT and LESSEE have previously entered into that certain lease dated October 27 , 1982, hereinafter referred to as The Lease" concerning that certain premises located on the Montebello Open Space Preserve in the County of Santa Clara, State of California as delineated on the plat entitled Exhibit "A" (Page I of 2) attached to The Lease, and also attached hereto, and WHEREAS, LESSEE desires to use the WASH HOUSE, as identified in The Lea I se, for the Purpose of conducting an accounting business in addition to the purpose of administering the premises described in The Lease, and WHEREAS, LESSEE desires that The Lease be expanded to include a parcel of land of approximately three (3) acres and containing a vineyard, togethei' with a second parcel -of land of approximately 0 .12 acres to accommodate Public toilet facilities., and WHEREAS, DISTRICT desires the right to regulate certain public uses of the Leasehold Premises and also to enhance advertising and publicity regarding the Premises, and WHEREAS, it is in the best interest of both DISTRICT and LESSEE that The Lease be amended as desired by both parties, NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for good and valuable consideration, the parties hereto mutually agree and covenant to the following amendments to The Lease: I . The description of the Premises is hereby amended to include two additional parcels of land, one ("The Vineyard") containing approximately three acres and shown in crosshatching or. the plat entitled Exhibit "B" attached hereto and made a part hereof; and one containing approximately 0.12 acres and shown in crosshatching on the plat entitled Exhibit "C" attached hereto, and made a part hereof . Paragraph 2 of The Lease shall be amended to read as follows: (Changes and/or additions to the original language of The Lease' are emphasized in italics. ) EXHIBIT Page,&')� of 14 2 . P�_URPOSE Said Premises are leased to Lessee for the Purpose of operating a wine producing and tasting facility ( "winery") and any activities commonly associated with the maintenance and operation of a winery and vineyard including, but not limited to, incidental rural single family residential pu in the Homesrposestead, the main house and Caretaker residence within House. Lessee shall also have the right hereunder to use the Wash house as an office for the conduct of a Certified Public Accountancy practice, Providing that no more than four Persons shall occupy and use the Wash house for this Purpose and that all vehicular parking required for 0 e practice be limited to six vehicles and confined to the area immediately adjacent to the main house. - Said Premises shall be used for no other purposes without the written consent of DISTRICT. Paragraph 4a) of The Lease shall be amended to read as follows: (Changes and/or additions to the original language Of The Lease are emphasized in italics. ) a) RENT - Lessee agrees to pay DISTRICT as rental, without written notice or demand, for the Premises, the sum of Two Hundred Dollars ($200. 00) monthly in advance commencing on the first day of August, 1987 and monthly thereafter on the first day of each month of the term hereof. Upon August 1, 1988, and annually thereafter, -the rental payable by LESSEE to DISTRICT hereunder shall increase by the greater of the two methods listed below:. 0 Three percent (3*) of the previous years rental, or • A percentage based upon' the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, for San Francisco- Oakland (1967=100,- or similar index) , hereinafter referred to as the "CPI, " for the one year period immediately preceding the annual rental increase date. DISTRICT shall give LESSEE written notice each year illusti-ating the manner in which the rental has been increased and the method used. If, on any annual rental increase date, there shall not exist the CPI in the same format as referred to herein above,. DISTRICT shall substitute any official index published by the Bureau of Labor Statistics, Or its successor or similar governmental agency, or if no such official index shall then be published, any private index published by a reputable organiza- tion, as may then be in existence and which is most nearly comparable thereto. If the CPI is changed so that the base Year is no longer 1967, the CPI shall be converted by DISTRICT in accordance with an appropriate conversion factor published bye the Bureau of Labor Statistics or any other reputable authority. EXHIBIT Page 2J of In the event LESSEE should desire to terminate its use of the Wash house as an office for the conduct of a Certified Public Accountancy practice DISTRICT may reduce the rental hereunder, but is under no obligation to do so. IV. Paragraph 6f) of The Lease shall be amended to read as follows: (Changes andlor additions to the original language of The Lease are emphasized in �italics. ) f) Advertising andPublicity - Any and all commercial signing on or about the Premises or commercial brochures which are directed to members of the general public specifically referring to the Leasehold Premises shall be Supplied by LESSEE, at its sole cost and expense, but such signs or commercial brochures produced by LESSEE shall, at discretion of DISTRICT, acknowledge DISTRICT'S cooperative role in which case DISTRICT shall Provide the wording for such acknowledgement in a brief and concise form. LESSEE shall make a reasonable effort to notify DISTRICT of all requests for publicity, including, but not limited to: films,, videotapes, photographs, interviews and information for newspaper and magazine articles and radio and television Programs. LESSEE shall acknowledge DISTRICT'S cooperative role in connection with all publicity information given about the Leasehold Premises. LESSEE shall notify DISTRICT of publication date or air time if radio or television Program, or release date if a film as soon as such information is Provided to LESSEE by the producer/writer/editor/ photographer of the article, Program, photograph or film. DISTRICT shall provide additional information to requestor as LESSEE considers helpful. DISTRICT shall Provide DISTRICT informational brochures to LESSEE to distribute in anticipation of increased visitor Usage of site as a result of such publicity. DISTRICT shall attempt to persuade the media to assist in expanding visitor interest in the Leasehold Premises and will coordinate such efforts with LESSEE to benefit both parties. V. An additional subparagraph j) shall be included under Paragraph 6 of The Lease which shall read as follows: (Changes andlor additions to the original language of The Lease are emphasized in italics. ) j) Public Events - LESSEE may from time to time organize andlor permit events that are attended by members of the public, either by personal invitation or as a result of a general public announcement in the press, on radio or television, or other Public communications media. LESSEE shall exert every effort to prevent such events from becoming threats to public safety. Zn- particular LESSEE shall provide a parking attendant to insure efficient use of vehicular parking spaces on the Premises and Prevent vehicular parking on adjacent public roads. DISTRICT shall have the right to require LESSEE to furnish reasonable Prior Written notice describing in detail to the satisfaction of EXHIBIT Iq Page 30 of L4q DISTRICT any such event. DISTRICT shall also have the right to deny the use of the Premises for any such event which, in the sole judgement of DISTRICT,• may result in a threat to public safety; or may permit such event subject to special requirements to be met by LESSEE. Such denial shall not be Imposed arbitrarily. VI. Additional subparagraphs c) and d) shall be included under Paragraph 7 of The Lease which shall read as follows : (Changes and/or additions to the original language Of The Lease are emphasized in ital,:tcs. ) c) LESSEE shall complete the construction of public toilet facilities consistent with other DISTRICT facilities on the parcel of land delineated on Exhibit "C" on or before June 30, 1988. In the event said construction is not completed by June 30, 1988, LESSEE shall provide DISTRICT with a surety bond in the amount of $12, 000. 00 guaranteeing the completion of construction of the toilet facilities to the satisfaction of DISTRICT on or before Decemer 31, 1988. d) LESSEE shall provide a telephone on the Leased Premises for emergency only use by the public. The location of the emergency telephone shall be indicated by a suitable sign at the Public parking lot. For the purposes of this requirement, the term "emergency" shall mean'' any imminent or actual occur- rence of personal injury, illness, death, crime, property damage, fire, or natural disaster. DISTRICT shall retain the right to require LESSEE to install a public telephone at LESSEE'S expense. VII. Paragraph 28a) of The Lease shall be amended to read as follows: (Changes and/or additions to the original language of The Lease are emphasized in italics. ) a) Liability - LESSEE, at LESSEE' S expense, agrees to keep in force during the term hereof public liability insurance with limits in the amount of $1, 000, 000- 00 or other amounts as may be determined during the review of insurance coverage provided in paragraph 28c herein, to indemnify against the claims of one or more persons in any one occurrence. The policy or Policies effecting such insurance shall name DISTRICT, its employees, agents and members of the Board of Directors as additional insureds , and shall ensure any liability of District, contingent or otherwise, arising out of any condition of the Leasehold Premises or act or omissions of LESSEE, its agents, employees, or invitees or otherwise by any conduct or trans- action of any of said persons in or about or concerning the Premises . Said insurance shall be issued by an insurance co.120any admitted to transact business in the State of California and shall provide that the insurance effected thereby shall not be cancelled except upon sixty (60) days prior written notice to DISTRICT. LESSEE shall provide DISTRICT with a certificate of insurance evidencing the above specified insurance coverage and, EXHIBIT Page 2L of in addition, evidencing the existence of Workers Compensation Insurance covering any Person employed upon the Leasehold Premises. VIII. Paragraph 31 (TERMINATION BY DISTRICT) shall be amended by the addition of a fifth subparagraph to read as follows: (Changes and/or additions to the original language Of The Lease are emphasized in italics. ) The Vineyard (Exhibit.,,!'B") is added to the Leasehold Premises with the expectation that LESSEE, within a reasonable time, wit: lease additional adjoining real property of DISTRICT for the Purpose of planting and maintaining a vineyard to be used in conjunction with LESSEE'S wine producing activities. Any other Provisions of this paragraph 31 notwithstandin9, DISTRICT shall have the right to withdraw The Vineyard from this Lease without any paymeAt or liability to LESSEE if, in the sole judgement of DISTRICT, LESSEE has not diligently Pursued The Lease and development of a vineyard on such adjoining real property. Withdrawal of The Vineyard shall be accomplished by DISTRICT giving LESSEE sixty (60) day's notice in writing of such withdrawal. IX. Paragraph 41 (NOTICES AND ADMINISTRATION) shall be amended to • read as follows : (Changes and/or additions to the original language of The Lease emphasized in italics. ) a) Any notice to be given or other documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited -in the United States mail in the State of California, duly registered or certified, with postage prepaid, addressed as follows : LESSEE: Ronald Stortz 13100 Montebello Road Cupertino, CA 95014 LESSOR: Midpeninsula. Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Each party hereto may, from time to time, by written notice to the other, designate a different address which shall be substi- tuted for the one specified above. If any notice or other document shall be sent by registered or certified mail as ai6r-*--;' said, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours fol- lowing the deposit of said notice in the United States mail in the manner set forth above. EXHIBIT—,49 Page:!�Of qq ­1 • b) Unless otherwise provided herein, this lease and all amendments or deletions hereto shall be administered on DISTRICT ' S behalf by the General Manager of DISTRICT, or his designee . IN WITNESS WHEREOF, the parties have executed this LEASE AMENDMENT NO. 1 as of the date first hereinabove written. LESSEE: LESSOR: MIDPENINSULA REGIONAL OPEN SPACE Ronald J. or z DISTRICT olay K. St rtz President, Board of i tors ATTEST: 4i Dist ct Clerk Y - EXHIBIT Page 33 of q9 .)� � ,. tr-.��� ��1 •o`er r I G � C NX -Ta• a f �Spacef�rese ve. ram.. � ! r l` / \• ��\-,� ' \ • (�� > 1 Cupertino I W 1 J •J 1� .n w..e '�� is ,.... 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'i�( •r 2 1 1'I 'I.• �i / 1 1., � '.1 �S .1 11,{ 1� ♦, •; :1 I Y• r:l;J;,.�:r 11•a:i•f�,.:�`�:l�1�.';'r. n,.� \t^�1�,;I( ;�t(1,�.1 I �� S{� t�;+/��•.f�};.. �r I;ir ,• 'j�.;,•;.; I•';,, 1'{j� • f• 1.�;.; o y I;.: 1 /I f. ,•, ! . 1 I,1„1 Ir/t•./ / l}. r. '.1 •1�1` ...•1.5'.1�/•ly l/.tdl.r.11 r::1..1 1.•:f.�f••'�1:.. �I•• 1.1'.t`.-1"' ii'r.t(� .11 I��1A�'�9�1`�I II'I I t�V'�•l;,!�•�j1+�i1�,\!•Ir 211!li . •I /y •Y. i L l • RESOLUTION NO. 88-01 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 13 , 1988 at a regular meeting thereof, by the following vote : AYES: Katherine Duffy , Robert McKibbin, Teena Henshaw, Edward Shelley, Nonette Hanko, Gerry Andeen, and Richard Bishop. NOES: None ABSTAIN:None ABSENT: None - ATTEST: APPROVED: Sevretary, Board.-of Directors Pres en : Bo �o irecto, t I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. Dist ict Clerk EXHIBIT Page 417of��. RESOLUTION NO. 88-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENIDTSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMEItT NO. 1 TO LEASE AGREEMEiiT FOR HISTORIC PRESERVATION (MONTE BELLO OPEN SPACE PRESERVE-PICCHETTI RANCH AREA) The Board of Directors of the Midpeninsula :-Regional Open Space District does resolve as follows : Section One : Pursuant to the provisions OF Section 5540 and 5553 of the Public Resources Code, the District passed and adopted Resolution No. 82-50 on October 27 , 1982 authorizing z e e:;acution of a Lease between Ronald J. Stortz and Rola_ne K. Stortz and the Midp_nir.sula Regional Open Space District. Section Two ._ The Board of Directors :-of the=?~ t YxA � Midper_ins+sla Regional Open Space .:District does .hereby''-a�5p�`�o Lease amen nit ent:'.No. 1 to the Lease .executed urider~N.aut;�"7r ' ~-� 3es.alution No 82 50, .a copy .of "which Lease Arr.eridrieri _- ' s attaCa , __aretc and by ref--rence' made a part here' f ,V a^d does ereb; authorize the President of the Board or other appropriate Officer to execute said Amendment No. 1 on behalf of the District . Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Lessee . The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. EXHIBIT Iq Page .3 of 04/26/95 SECOND AMENDMENT TO LEASE AGREEMENT HISTORIC PICCHETTI WINERY THIS SECOND AMENDMENT to LEASE AGREEMENT is entered into as of May 1o, 1995, by and between the Midpeninsula Regional Open Space District, a public special district organized under the laws of the State of California (hereinafter referred to as "District" or "Lessor") and RONALD J. STORTZ and ROLAYNE K. STORTZ (hereinafter referred to as "Lessee"). r� RECITALS A. Lessor is the owner of certain real property situated in Santa Clara County commonly known as the Picchetti Winery. B. Lessor and Lessee previously entered into a Lease dated October 27, 1982 by the terms of which the Leasehold Premises were leased to the Lessee ("the Premises"). C. Lessor and Lessee entered into a Lease Amendment No. 1 dated January 13, 1988, which amended the Lease to add certain parcels of land to the Leasehold Premises and amended various provisions of the Lease. D. The terms of the Lease and Lease Amendment required Lessee to perform and complete certain physical improvements to the Premises by a date certain as well'as to perform certain other obligations under the Lease. E. Lessor has requested Lessee to timely perform its obligations and to comply with the covenants and condit ions of the Lease, contending that certain obligations remain' unfulfilled. Lessee has requested that Lessor grant to Lessee additional time to fulfill these obligations. F. Lessor and Lessee desire to amend the Lease to resolve these issues by prescribing a time schedule for completion of Lessee's obligations under the Lease,by providing for additional remedies to Lessor in the event Lessee fails to timely comply, and by providing for additional opportunities for public access and use of the Premises. G. Lessee desires additional time to fulfill its obligations under the Lease. Lessor desires the right to enhance public access and use of the Premises. Thus, it is in the best interest of both Lessor and Lessee that the Lease be amended as herein set forth. H. The 1982 Lease, 1988 Lease Amendment No. 1, and this Lease Amendment No.•2 are hereafter collectively referred to as "the Lease% NOW, TBEREFORE, in consideration of the mutual promises set forth herein, and for good, new and valuable consideration which includes the mutual promises herein set forth, ` the parties hereto mutually agree and covenant to the following amendments to the Lease. In 1 gXH1B1T Page �o# ,� 04/26195 all other regards, the Lease and Lease Amendment No. 1 shall continue in full force and effect, unmodified. Terms of Lease Amendment 1. Section 3 of the Lease is amended to read as follows: The term of this Lease shall be for twenty-five (25) years commencing on the 1st day of November 1982, unless terminated prior to the expiration of its original term pursuant to the provisions of this"Lease. 2. Section 4 of Lease is amended to add a new Section 4(b) to read as follows: 4(b) Rent and Late Payments. Lessee and District acknowledge and agree that in the event that Lessor has failed to receive Lessee's rent on or before the fifth (5th) day after the date due, District will incur damages due, among other things, to increased accounting costs and collection costs the amount of which c would be impracticable and extremely difficult to fix. Lessee therefore agrees to pay twenty-five dollars ($25.00) for each such late payment as liquidated damages, which amount re presents a reasonable approximation of the damages which are likely to result from such late a men p y t. Such liquidated damages shall be deemed additional rent and shall be due together with er g rent for the delinquent period. 3. Section 5 of the Lease is hereby amended to.add a new subsection (f) to read as follows: 5(f) Amended Schedule for Completion of Historic Renovation (i) rim bl . The timetable for completion of the historic renovation of the improvements called for in this Section shall be completed by the Lessee in strict compliance with the following timetable and conditions. All improvements shall be completed properly by the deadline and be in a good, clean and safe condition: t 2 EXHIBIT Page qcg of � 04/26/95 CATEGORY & STRUCTURE IMPROVEMENT TO BE DEADLINE FOR COMPLETED COMP I.ET10N Category II, Main House Complete porch r6pair. June 1, 1995 Category I, Fermentation Barn Get final inspection; install metal August 1, 1995 drain covers. Category I, Garage Exterior Replace windows & missing November 1, 1995 battens; apply exterior paint or preservative if recommended by Review Cgpunittee. Category II, Main House Exterior repairs and renovations June 1, 1996 pursuant to Alton Lee plans for renovation dated June 9, 1987, including gutters, downspouts, backsteps, cellar doors& windows; repair & maintain roof in good condition. Category U, Main House Exterior paint August 1, 1996 Site Plan Install landscaping and yard December 1, 1996 improvements as required by Site Plan. Category III, Homestead House Complete exterior renovation; December 1, 1997 replace broken windows and doors; preservative treatment of roof, exterior siding and trim; paint or stain on exterior, replace loose shingles; drainage system improvements as defined in the Sept. 29, 1994 Homestead House grant application, Page& Turnbull Architects; share cost of trimming oaks, not to exceed $500 cost to Lessee. Homestead House. The parties acknowledge that Lessor or Lessee may apply for historic renovation grant funds for all or a portion of the costs of completion of renovation of the Homestead House pursuant to Section 13 of the Lease. Lessee is obligated to complete the Homestead House improvements listed in Section 5(f)(i) by December 1, 1997, whether or not Lessee or Lessor receive any such grant funds. Lessor, in its sole discretion, may determine any type of Homestead House improvements it may desire to undertake with any grant funds it receives. However, Lessee's obligation to complete the Homestead House renovation shall not exceed $15,000 in direct, out-of-pocket costs incurred by Lessee for materials and labor. If Lessee is the applicant for and successfully obtains grant funds for all or a portion of the Homestead House improvements it is required to complete herein, such grant . funds may be applied toward Lessee's $15,000 out-of-pocket cost repair obligation. By prior written agreement, District and Lessee may also agree that District will be the applicant or recipient of such grant funds sought by Lessee, and that such funds, EXHIBIT 3 , Page q t of� 04/26/95 if obtained, will likewise be applied towards Lessee's $15,000 out-of-pocket cost obligation. Lessee shall keep and maintain complete and accurate documentation, records and receipts for all such expenditures, which shall be available for inspection and copying by Lessor. Win. By June 1, 1995, Lessee will complete preparation of a revised Site Plan required by Section 5(d) of the Lease and submit it to the Review Committee for review and approval. If the Plan is not approved by the Review Committee, it shall be returned to Lessee with directions for required corrections which shall be made by Lessee and submitted to the Review Committee within 30 days. The Site Plan shall include the items listed in the Lease, including yard improvements, and path to the winery, aviary, fountain, fencing and a landscape plan. Pursuant to the Site Plan, Lessee will remove existing bamboo growth in the creek located behind the fermentation barn, except that Lessor will remove the bamboo roots and smooth the creek bank. Lessee will be responsible for placing erosion control material such as jute netting on the resultant bank surface, and planting and maintaining appropriate vegetation to avoid bank erosion. (iv) Default by Tenant. Lessor and Lessee specifically agree that the conditions and covenants of Sections 5 and 8 of the Lease are material. A breach by Lessee of a condition or covenant of Section 5 or 8 of the Lease will constitute a material breach for which Lessor may pursue any of its remedies under the Lease. This provision shall not be construed to mean that any other covenant, condition or provision of this Lease is not material. In the event Lessee fails to meet a deadline, Lessor shall give Lessee written notice that it has elected to cancel a portion of the Lease term and to terminate the Lease at an earlier date as set forth in Section 5(f)(v) as a result of the Lessee's failure to meet a Lease deadline. The notice shall identify the improvement which has not been completed and the deadline which has been missed by Lessee, and shall notify Lessee of the new Lease termination date by which Lessee is required to vacate the Premises. Lessee agrees to vacate and surrender the Premises on or before said Lease termination date. These remedies are not exclusive and are in addition to any of the Lessor's existing remedies set forth in the Lease, including Section 35. (v) Lessor's Remedies in the vent Lessee Defaults and Fails to Complete Improvements by Deadline: In the event that Lessee fails to properly complete the improvements listed in Section 5(0 by the deadlines set forth in Section 5(f), Lessor shall have the right to cancel a portion of the Lease term and to terminate this Lease earlier than the expiration of its original term as follows: Failure of Lessee to complete an improvement by the deadline will result in a decrease in the original Lease term. For every month or portion thereof Lessee is delinquent in meeting each such deadline, the original Lease term will be decreased by one month. If Lessee is delinquent in failing to meet more than one deadline, each 4 EXHIBIT Page �, of �..�.... 04/2619:5 delinquency for each deadline will result in a separate decrease in the Lease term. For example, if Lessee is concurrently delinquent in meeting two deadlines, the Lessor's remedies shall cumulate and thc- Lease term will be decreased by two months for each month or portion thereof the delinquency continues, and so forth. Lessee shall provide prompt written notice to Lessor upon completion of each of the improvements listed in Section 5(f). An improvement will not be considered to have been completed by the Lease deadline unless and until it is completed properly in a good, clean, and safe condition and Lessor has received this written notice. Pursuant to Section 33 of the Lease, Lessor,,may inspect the Premises to determine compliance with the provisions of this Section. 4. Section 6 of the Lease shall be amended to add a new Section 6(k) to read as follows: LighfiU. By October 1, 1995, Lessee shall install permanent lighting for use of the Premises which occurs after daylight hours. The design and installation of the lighting will be submitted by Lessee as part of the Site Plan required in Section 5(f)(iii) of this Lease Amendment, and shall be subject to review and approval by the Lease Review Committee. Lessee's obligation to install lighting shall not exceed $2,000 in direct, out-of-pocket costs incurred by Lessee for materials and labor. In addition, if Lessee fails to install permanent lighting by October 1, 1995, it may no longer use the public parking area for Lessee's own events which extend into the after hours period until such time as permanent lighting is installed. Prior to October 1, 1995, Lessee shall provide temporary lighting for any night events. 5. Section 8(a) of the Lease shall be amended to add a new subsection 8(a)(1) to read as follows: 8(a)(1). Lessee acknowledges its obligation to open and close this gate on a daily basis. Lessee may request Lessor to open or close the gate under the following conditions: Lessee shall notify Lessor at least 24 hours in advance of its request that Lessor perform this act. Unless otherwise instructed, notice shall be provided to the District Foothills Area Superintendent located at Rancho San Antonio Open Space Preserve. Lessor's assumption of this responsibility will not exceed twenty (20) days per year- 8(a)(2). Except as set forth in Section 8(a)(1), if Lessee fails to open or close the gate as required by the Lease, Lessee shall reimburse Lessor for its direct costs of personnel who must respond to the site due to after hours use.of the site by persons resulting from Lessee's failure to close the gate or to open the gate to the public. Such costs will be bill based on a one hour minimum charge. If vehicles remain in the lot that prevent closing the gate, the Lessee shall notify the District Foothills Area Superintendent or Ranger-in-Charge by phone. 6. A new Section 8(i) shall be added to the Lease to read as follows: EXHIBIT e�..MVAMW 5 Page 1 3..pf qq 04/26/ 8(i) (1) During the term of this Lease, Lessee shall make the Leasehold Premises, Public Amenities, and Parking Lot available for.use by the general public as required by the Lease. In addition, unless otherwise mutually agreed to in writing, the public access to be made available by Lessee shall be no less than and in compliance with the type and conditions of public access listed in the chart marked "Exhibit A" which is attached hereto and made a part hereof. (2) Lessor, with input from Lessee, will prepare and adopt a Public Access Plan, consistent with the Lease and "Exhibit A", for public use and access of the site. The purpose of the Plan is to enhance,`identify and locate areas for public use of the Premises. This may include improved signage; a self-guided tour using brochures and/or signs; arrangement and display of pertinent objects or artifacts inside or outside Category III buildings, or inside or outside other structures by mutual agreement; and entry or viewing of interiors of structures or areas of buildings and yard. Lessor and Lessee shall agree upon location, arrangement and display of pertinent objects or artifacts inside or outside all buildings. Public access shall not interfere with any rights Lessee may have under the Lease to use Category III structures for storage or for their originally intended purpose. However, any such storage or usage shall accommodate public access to the interior of Category III structures for visitation use and viewing. Lessor will be responsible for the cost of any public access improvements not already specified in the Lease as Lessee's obligation. r 7. A new Section 2 8e i added s ad ( to the Lease to read as follows. Section 28(e). Delinquent Insurance Payments. In the event Lessor elects to provide insurance coverage at Lessee's cost as set out in Section 28(d), Lessor shall send Lessee a written invoice of the amount of insurance premium due from Lessee. Lessee shall pay the amount due in full within 60 days of the date of the invoice. In the event Lessor fails to receive Lessee's insurance paym ent ent on or before 60 days of the date of the invoice, Lessor will incur damages due, among other things, to inc reased accounting and collection cost s, the amount of which would be impracticable and extremely difficult to fix. Lessee therefore agrees to pay, in addition, a late charge of 1% interest of the overdue amount for each month the payment is delinquent as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payments. 8. Section 40 of the Lease shall be amended to read as follows: S-e& 44. The waiver by Lessor or Lessee of any breach by the other party of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Lease. Neither Lessor's acceptance of rent following a breach by Lessee nor Lessor's execution of a Lease Amendment shall be deemed a waiver of Lessor's right to EXHIBIT 6 gage 11.14 of_L�„ 04/26/95 enforce any provisions of the 1982 Lease or 1988 Amendment No. 1 which shall be in full force and effect except as modified b Lease Amendment ndment No. 2. 9. Section 41 of the Lease is hereby amended to read as follows: Lessor's address shall be amended as follows: Lessor: General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 10. Section 47 of the Lease is amended to read as follows: This Lease, together with Lease Amendment No. 1 dated January 13, 1989 and Lease Amendment No. 2 dated May 10, 1995, along with any exhibits and attachments thereto, constitute the sole and entire agreement between Lessor and Lessee respecting the Premises and may be altered, amended or revoked only by an,instrument in writing, signed by Lessor and Lessee. Lessor and Lessee agree that no other leases or lease amendments exist, and that all prior or contemporaneous oral or written agreements or representations respecting the Premises not expressly set forth in this Lease, or Lease Amendment No. 1, or Lease Amendment No. 2, are null and void. 11. (a) Any notice to be given or other documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United states mail in the State of California, duly registered or certified, with postage prepaid, addressed as follows: LESSEE: Ronald and Rolayne Stortz 13100 Montebello Road Cupertino, CA 95014 LESSOR: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Each party hereto may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by registered or certified mail.as aforesaid, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail in the manner set forth above. (b) Unless otherwise provided herein, this Lease and all amendments or deletions. hereto shall be administered on DISTRICT'S behalf by the General Manager of DISTRICT, or his designee. 7 - EXHIBIT 19 Page y of /J—s.... 04/26/95 # LEASE AMENDMENT NO, 2 "EX H BU A" Lease Area of Public Access Category of' Conditions on Access Paragraph User/Activity 8b Public Amenities. parking, restrooms, Government Park Generally available by mutual consent Picnic area,200 sq. & of covered &Rec. 71 building area. Tack room will be Mpts./Ptirograms considered acceptable to meet 200 sq. (e.g., day ca rnp, R requirement. historical, environmental, cu�ral Programs) i g EXHIBIT Page li& of l4q 04/26/95 Lease Area of Public Access Category of Conditions Paragraph ns on g P Access User/Activity _ 8c and 10 Cat. I Improvements: winery, Docent-led•or fermentation barn, garage similarl 1. Gcnerslly available(except at sole disc Y Lessee during 4-week harvest discretion of Users Cat. III Improvements: homestead supervised apply Plod m ). Users house, blacksmith shop, barn and PP Y through lessee for scheduling. 30 persons shall be individual or group the maximum number of persons per event for docent-led stalls Public ,�me,,, members es tours of the buildings. Other than events held in des: Parking- restrooms, public. Lessee or conjunction with Category 8 e picnic area g rY ( )(2) and 8(e)(3) events,no its representative after hours events will occur in this category,except on will provide access consent of Lessee. Tours shall not exceed 2 hours, as scheduled and excluding time spent using Public Amenities. 'Total tour, age to be time shall not exceed 3 hours. No commercial food present to provide service on site. District representative will be responsible building access, for clean-up and trash removal. Exterior of all of above(*except as ` noted below), interior viewing areas District-sponsored 2. 6/ approved pursuant to 18ti)(2) of this and a Yr, consisting of no more than 3 weekend days. In upervised January of each year, District and Lessee shall mutually Lease Agreement,plus interior of public events schedule specific District events for that calendar year. winery tasting room and Public Amenities Events not scheduled in January may be scheduled later in the year provided there is no conflict with previously *3 of the 6 events described under scheduled winery events. At District's discretion, 18(c)(2) may consist of not more than District events shall include one weekday and one weekend day Burin Spring,130 people on site at one time. These alcohol in the winery building ore pop and Fall xenon; no same 3 events may also include access to interior of all of above. Such premises, except as provided by winery;no meals in access to Category I and III buildings emery building; light rcfreshment&beverage permitted other than the winery shall consist of in winery;picnic meals permitted in public amenities; tours and viewing, tither uses and District personnel will supervise event&cleanup;$100 activities security&cleaning deposit; $50 of that fee non- may occurr in conjunction with these the Leasehold Premises refundable;$60 fee for use of tables and/or chairs; 10:00 events with the prior consent of the P.M. curfew. Number of people at such events shall be Lessee,which shall not be limited to 130 people per event except that 3 of the 6 unreasonably withheld. These 3 events shall be limited to 130 people on site at one time. events will be considered as saris m Larger events may be held by mutual consent. For �'� g attendance of 100 persons or more, at least 2 District the provisions of Paragraph IO of the Lease. personnel shall be present. To confirm scheduled events, or to reschedule events,provided there is no conflict with events previously scheduled by the other party, each patty will provide the other with a minimum one week notice, including the day, times, name and type of event,number of people,and cars expected. For the 3 events which may exceed 130 people per event, District shall coordinate with Lessee to obtain its consent regarding event logistics, including traffic, parking, sanitation and related arrangements,which consent shall not be unreasonably withheld. District internal 3. 6/yr; same scheduling and conditions as No. 2 above, event except that weekend use shall not conflict with 11:00 Exterior of all of above,plus interior a.m. -3:00 p.m. winery tasting hours. Set-up can begin of winery tasting room and Public at 3:00 p.m., but event shall not commence until 4:00 Amenities. p.m. No security and cleaning deposit is requited. (It is understood that District's traditional catered evextts with alcohol service by Lessee, such as the employee, volunteer and docent appreciation events, are not within mutual this provision; conditions subject to Agreement.) 9 EXHIBIT Page 1/7 of qL 04/26/95� Lease Area of Public Access Paragraph °t'7 of Conditions on Access User/Activity 8e Cat I Improvements:wine fermentation barn(not garage) General p4blic Open for public visitation use and enjoyment 2 Public .t�nenities: rkin days/week, 8 hrn/day incI. 1 weekend day except during pa g. rostrooms, crushing picnic area Except as set out in 8c, no general public access to interior of fermentation barn or winery basement -Lessee will accommodate access to Cat III improvements instead 8f Leasehold Premises All public users Public "After hours use" (other than regular preserve and uses as listed hours)at sole discretion of Lessee ex above 8(c) CePt set forth in Public 88 preserve E& roseca no AM and surrounding Lessee 1. District provides blanket permission for use of public parking lot by Lesseefor its scheduled winery events, provided there is I week's notice to District from Lessee. reservation of 10 spaces for regular public use, and no conflict with previously scheduled District events. Public Parking A.r". 2. In addition to use of the parlong area for events in and surrounding Group or Category 8(c), in Jan uar7'.District may reserve up to the preserve individual entire parking lot for this category of use for specific members of the events up to 6 times per year, which may include public; special weekdays or weekends,during each season. Events not District events reserved in January may be scheduled later in the year provided there is no conflict with previously scheduled winery events. In addition, up to 6 times per year, District may reserve the parking area for other District or public events,so long as such events do not conflict with previously scheduled winery events,and there is a maximum of four weeks'notice. When District use of the public parking area for events as provided for in this paragraph conflicts with scheduled winery tasting hours, at least 10 spaces shall be reserved in the public parking area for winery visitors. 10 EXHIBIT Page -Tof 1 'Q 04/26/95 IN WITNESS WHEREOF, the Parties have executed this LEASE AMENDM8W NO. 2 as first hereinabove written of the date LESSEE: Ronald J. Sto Date:_. Rol yne K tortz Date: 5 9S LESSOR: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT *Presi , Board of DirectorsDam' 9 9 S ATTEST: Dis ct Clerk Date:_ CZ,GL /0 9Q.<— APPROVED AS TO FORM: Legal Counsel Date: / i 7 ii EXHIBIT Page . 'fUU-741 -S8S7 fp ` AGREEMENT TO ASSIGN LEASE This Agreement to Assign Lease ("Agreement")is entered into by and between Ronald Stortz and Rolayne Stortz("Assignors") and Leslie A. Pantling and Thomas Rf. ("Assignees") as of April 3, 1998, (the "Effective Date"). Krcidler RECITALS A. Assignors, as Lessee, and"vfidpeninsula Regional Open Space District ("NIROSD"), as Lessor, executed a Lease dated October 27, 1982, an Amendment No. I dated January B, 1988 and an Amendment No. 2 dated May 10, I995 (collectively the "piaster Lease") for the Historic Picchetti Winery(the "Premises"). A copy of the Master Lease is attached hereto as Exhibit A• B. Assignors wish to assign all of their right, Assignees and be released from any further liability under the Master Lease. As Master Lease to assume all of Assignors' rights and habilities under the Master Lease. Assignees wish to C. Contemporaneously with the execution of this Agreement, Sunrise Winery, a California Limited Partnership, of which Assignors are the General Partners, has executed a Purchase Agreement(the"Purchase Agreement")in which it agrees to sell certain"Winery Assets"listed in said agreement to Assignees. NOW, THEREFORE, in consideration of the promises and conditions contained herein, the parties hereby agree as follows: 1 A.�-g12n Merit of as As of the Closing Date of Purchase Esc row P w'arch to the Purchase Agreement, as those terns are defned therein,Assignors agree to assign and transfer to Assignees all of their right title and interest in and to the Master Lease hcrcinabove described, and Assignees hereby agree to accept such assignment, and Ass' to keep,perfo and Assignees expressly assume and agree �' the terms, covenants, conditions and obligations, required to be kept,performed, and fulfilled by Assignors as Lessee thereunder, including the making of au a - ments due to or payable on behalf of Lessor under said lease when due and payable. P Y 2. Itawfer Price. As consideration for the assignment described in paragraph 1, Assignees agree to pay Assignors the sutra of Two Hundred Fifty Thousand Dollars($250,000) (the"Transfer Price"). Upon execution of this Agreement by both parties, Assignees shall deliver to Pctcr I. Sanford, 740 Front Street, Santa Cruz, CA 95060, in trust, Twenty Thousand Dollars($20,000) as an additional deposit, to be held in a client trust account. The balance of the Transfer Price, less the Five Thousand Dollars $5 000 Assignors ( )good faith deposit paid by Assignees to g upon Assignees' execution the Letter of Intent, shall be paid by Assignees to Assignors on the Closing Date. F.\KPDOCS\CORD\CL\PANSL\ASSIGN3.NP� EXHIBIT —B page «I of Apr 28 98 03: 31p Ronald Stortz 408-741 -5857 p. 3 3• Persnnai RPeiri Assignors shall be permitted to maintain signors'persona! residence and accounting business on the Premises for up to four 4 months a:fter the Date. Assignors shall be responsible for any fees required by MROSD for operating thetos:ng accounting business on the Premises, up to a maximum of$291.27 per month(the current rate). If Assignors remain in the personal residence on the Premises, for any reason, after the fnur- month period, Assignors shall pay to Assignees a rental fee of$3,000 per month,' � P Payable in advance, be gaming on the first day after the four-month period. Assignors shall vacate the Premises as soon thereafter as possible, anq not later than 30 days after receipt of a written demand from Buyer to vacate the Premises. 4. Bemcdies. In addition to any other remedies to which the parties may be entitled, in the event that the Closing Date,'as defined in the purchase Agreement, does not occur June 30 199 nor to > 8 either - P pay shall have the right to terminate this eetnen to �• on written the other party, in which case all deposits held ' s en notice to to P escrow or in trust accou nts Assignees. shall be returned to 5. WAMMUS. w . With respect to the physical condition of the Premrses, including the real property and any personal property located on or about the Premises, Assignees agree and acknowledge that Assignors wake no warranties, express or implied, with respect thereto. Assignors expressly disclaim all warranties of merchantability and fitness for a particular use. 6. WemU'flcAt'QabY-8&ii=. Assignors shall indemnify Assign d save Assignees harmless from any and all debts, Assignees against an based upon or arising out of facts relating to Assignors'tenancy obligations n the Premises.nors accruing or 7• Iridemttification by A Assignees shall indemnify Assignors harmless from any and all deb Assignors against and save based upon or arising out of facts relating to Assignees'tenancy on the Premises.ons of Assignees accruing or S. Binding Effect This Agreement shall be binding on and inure to the benefit of the parties hereof their heirs, executors, administrators, successors in interest and assigns. 9• ,Attom X;t_.F=. In the event of any controversy arising out of or in connection with this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 10. Countg,Fnfirta This Agreement may be executed in counterparts, each of which' shall be an original, but all of which shall constitute one instrument. It is the intent hereof that when all of the parties have executed one or more counterparts, this Agreement shall be in full force and effect. 11. Time of ha ELwac,s 1-une is of the essence of this Agreement. F:\NPDOCS\CnaP\lZ\PANTL\\SSICN7.WPD 2 EXHIBIT Page z 0' . N �a Z�a ua: aep Ronald Stortz 408-741 -5857 P• 4 IN WITNESS WBEREOF, this Agrecment has above written, been executed on the day and year first "Assignors" "Assignors" B Ronald Stortz P By. o Ke1d y:Rnr S rtz BmasM, er r:\WPDCCO\CCRP\C'L\PAN=\ASSIGN i.xpp 3 EXHIM Page 3 of 3 II Regional Open -ice R-98-00 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-10 May 6, 1998 AGENDA ITEM 3 AGENDA ITEM Authorization for General Manager to Grant Prorated Management Administrative Leave to Planning Program Team Leaders and Long-Term Acting Program Managers GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to grant prorated management administrative leave to Planning Program team leaders and long-term Acting Program Managers. DISCUSSION At your meeting on March 22, 1995, you approved the establishment of an administrative leave program for management employees, consisting of five days (40 hours) of administrative leave per year (see report R-95-49). Administrative leave is intended to partially compensate managers for the many extra hours they are expected to work over the course of a year. The administrative leave program has thus far been applied to program managers only, including the Operations Manager, Public Affairs Manager, and Administrative Services Manager. The Planning Program is organized as a self-directed work team, and the Senior Planner and Acting Senior Planner are currently sharing program management responsibilities in lieu of a program manager. Since the program management responsibilities are being equally shared, I recommend that the Senior Planner and Acting Senior Planner each be granted one-half of the annual administrative leave amount (20 hours) for calendar year 1998. In future calendar years, the Planning Program team leader(s) responsible for assuming program management responsibilities will be determined by the General Manager according to the organizational structure of the program. In the event an employee is assigned to an acting program manager position on a long-term basis due to a program manager vacancy, I recommend the employee be granted a prorated amount of management administrative leave, as long as the acting appointment to the program manager position is for a period of at least three months. The amount of administrative leave to be granted would be prorated for the period of the acting assignment, up to a maximum of 40 hours per calendar year. Prepared by: Deirdre Dolan, Administrative Services Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Oirectors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.. Nitz - General Manager:L.Craig Britton Claims No. 98-09 Meeting 98-10 Date: May 6, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4079 42.00 All Laser Service Laser Printer Repair 4080 5.20 California Water Service Water Service 4081 279.32 Communication & Control Inc. Mt. Umumhurn Pump Electricity 4082 229.86 Cascade Fire Equipment Company Pumper Repair and Parts 4083 49.50 Cougar Couriers Express Courier Service 4084 75.00 Daily Pacific Builder Recruitment Advertisement 4085 3,297.32 Dell Marketing L.P. Planning Department Computer 4086 3,000.00 Dillingham Associates Landscape Architects El Corte de Madera Project 4087 79.50 EMED Graphic Communications Safety Supplies 4088 24.75 G & K Services Shop Towel Service 4089 33.06 GTE Wireless Cellular Phone Service 4090 35.24 Island Press Resource Documents 4091 249.20 Jobs Available Inc. Recruitment Advertisement 4092 45.00 John Kowaleski Reimbursement--Class Registration Fee 4093 156.93 *1 Knox Company Security Gate Lock 4094 1,000.00 Los Gatos Roofing, Inc. Picchetti Roof Repair 4095 248.70 Lucent Technologies Phone Maintenance 4096 375.00 Marie McGough Accounting Consultant 4097 28.55 MCI Long Distance Phone Service 4097 134.97 Monogram Sanitation Sanitation Supplies 4098 75.00 Northern Energy Propane Annual Tank Rental 4099 80.60 Pacific Bell Telephone Service 4100 558.14 Peninsula Blueprint, Inc. Bluelines and Document Printing 4101 2,799.58 PIP Printing Coastal Printing Services 4102 740.13 Pitney Bowes Credit Corporation Postage Meter Lease and Maintenance 4103 204.35 Russ Enterprises, Inc. Sign Supplies 4104 426.96 San Francisco Newspaper Agency Recruitment Advertisement 4105 294.29 Signs of the Times Signs 4106 116.91 Summit Uniforms Uniforms 4107 256.16 Taylor Rental Equipment Rental 4108 81.19 Teater & Etc. Map Graphics 4109 59.13 U.S. Rentals Equipment Rental 4110 56.99 West Coast Aggregates, Inc. Gabion Rock 4111 76.53 West Coast Rebar Rebar 4112 91.67 Bob Weyant & Associates Resource Documents 4113 33.65 Wheelsmith Inc. Patrol Bicycle Repairs 4114R 125.00 Americans for Our Heritage and Recreation Registration-C. Britton 4115R 38.52 Cal-Line Equipment Inc. Equipment Repair Part 4116R 52.96 California Water Service Water Service 4117R 434.47 Costco Wholesale Janitorial and Office Supplies 4118R 1,000.00 *2 First American Title Insurance Company Acquisition Deposit 4119R 31.25 GTE Wireless Cellular Phone Service 412OR 39.85 CSK Auto - Kragens Vehicle Parts 4121R 43.83 Minton's Lumber & Supply Gloves 4122R 1,000.00 •3 North American Title Insurance Company Acquisition Deposit 4123R 48.41 Pacific Bell Telephone Service 4124R 291.50 Santa Clara Co. Dept. of Health Services Haz Mat Permits Page 1 Claims No. 98-09 Meeting 98-10 Date: May 6, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4125R 132.34 Second Cup Business Meeting Expense 4126R 766.58 Shell Oil Fuel and Smog Certificates 4127R 20.00 *4 Sonoma County Public Health Lab Tick Testing 4128R 5,800.00 US Bank Corporate Trust Services Note Paying Agent Fees--1 992 Notes 4129R 300.00 Roberta Wolfe Recording Services 413OR 120.45 Petty Cash Local Business Meeting Expense, Photo Processing and Trail Flagging Tape *1 Urgent Check Issued April 28, 1998 •2 Urgent Check Issued May 5, 1998 •3 Urgent Check Issued May 1, 1998 •4 Urgent Check Issued May 1, 1998 N TOTAL 25,585.54 Page 2 Claims No. 98-09 Meeting 98-10 Date: May 6, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4079 42.00 All Laser Service Laser Printer Repair 4080 5*20 California Water Service Water Service 4081 279.32 Communication & Control Inc. Mt. Umumhum Pump Electricity 4082 229.86 Cascade Fire Equipment Company Pumper Repair and Parts 4083 49.50 Cougar Couriers Express Courier Service 4084 75.00 Daily Pacific Builder Recruitment Advertisement 4085 3,297.32 Dell Marketing L.P. Planning Department Computer 4086 3,000.00 Dillingham Associates Landscape Architects El Corte de Madera Project 4087 79.50 EMED Graphic Communications Safety Supplies 4088 24.75 G & K Services Shop Towel Service 4089 33.06 GTE Wireless Cellular Phone Service 4090 35.24 Island Press Resource Documents 4091 249.20 Jobs Available Inc. Recruitment Advertisement 4092 45.00 John Kowaleski Reimbursement--Class Registration Fee 4093 156.93 *1 Knox Company Security Gate Lock 4094 1,000.00 Los Gatos Roofing, Inc. Picchetti Roof Repair 4095 248.70 Lucent Technologies Phone Maintenance 4096 375.00 Marie McGough Accounting Consultant 4097 28.55 MCI Long Distance Phone Service 4097 134.97 Monogram Sanitation Sanitation Supplies 4098 75.00 Northern Energy Propane Annual Tank Rental 4099 80.60 Pacific Bell Telephone Service 4100 558.14 Peninsula Blueprint, Inc. Bluelines and Document Printing 4101 2,799.58 PIP Printing Coastal Printing Services 4102 740.13 Pitney Bowes Credit Corporation Postage Meter Lease and Maintenance 4103 204.35 Russ Enterprises, Inc. Sign Supplies 4104 426.96 San Francisco Newspaper Agency Recruitment Advertisement 4105 294.29 Signs of the Times Signs 4106 116.91 Summit Uniforms Uniforms 4107 256.16 Taylor Rental Equipment Rental 4108 81.19 Teater & Etc. Map Graphics 4109 59.13 U.S. Rentals Equipment Rental 4110 56.99 West Coast Aggregates, Inc. Gabion Rock 4111 76.53 West Coast Rebar Rebar 4112 91.67 Bob Weyant & Associates Resource Documents 4113 33.65 Wheelsmith Inc. Patrol Bicycle Repairs *1 Urgent Check Issued April 28, 1998 TOTAL 15,340.38 Page 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage L+'- DATE: April 30, 1998 SUBJECT: FYI 3.30 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200 F -691- 4 5 E-mail:mrosdQo ens>ace.or Web site:www.openspace.org �ace.or AX:650 0 8 p t g p 1 g Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff, Nonette Manko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton Regional Open - ,,ace -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 30, 1998 Ms. Toni Casey, Mayor Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Comments on Regional Open Space Study Presentation Dear Mayor Casey: On April 1st I made a presentation to the Council on the District's Regional Open Space Study. There were three comments or questions from the Council I promised to answer or pass on to the District's Board of Directors: 1) Councilwoman Elayne Dauber stated that in evaluating potential open space land, the District should remember that flood control agencies have common interests in watershed and riparian protection. Creek areas are the most important type of open space because they serve this double purpose. 2) Councilman Sid Hubbard asked for more information on the areas of potential open space indicated to the north of Rancho San Antonio Open Space Preserve. This area represents three properties: the parcel to the west is covered by a conservation easement currently held by the Town, the middle parcel contains the upper, rugged portions of the former Belluci property, which we understand is covered by similar easements, and the rugged portions of the Kerns property to the east, which we believe should be considered for protection under similar conservation easements. 3) Councilman William Siegel is concerned about the District using its existing resources on the San Mateo Coast if the District should proceed with annexation. Thank you for the opportunity to present our study. Please share this letter with the Council and let me know if there are other questions or comments. This letter will be forwarded to the Board of Directors for their upcoming review of the Regional Open Space Study. Sincerely, Randy�Anderson, Senior Planner cc: MROSD Board of Directors L. Craig Britton, General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTEROFFICE MEMO April 26, 1998 TO: L. Craig Britton, General Manager FROM: Randy Anderson, Senior Planner'��C� SUBJECT: Cora Older Trail Realignment, Fremont Older Open Space Preserve On Saturday, April 18 the Use and Management Committee reviewed the proposed realignment of the Cora Older Trail, as shown on the attached map. The realignment is necessary due to the destruction of a segment of the trail by a massive landslide. It is infeasible to reconstruct the trail in the original alignment. The only feasible alternative is to realign this segment of the trail parallel to the property line of the preserve, across a small ravine from the Normandin property. The Use and Management Committee supported the realignment, as did the preserve neighbors who attended the meeting, including the Harrises and the Levines. Mrs. Normandin was unable to attend on the 18th, but Ranger Phil Hearin and I met her on April 27 and viewed the proposed trail route both from her property and from the preserve. Mrs. Normandin found that her property was only obliquely visible from the proposed trail alignment due to heavy brush. The brush and the ravine will strongly discourage anyone from entering her property from the trail. She stated that "I have no concerns; I want to see this thing worked out. Its a wonderful idea, I'm all for it." Given the length of the realignment (approximately 300 feet) there is some question as to whether it should be treated as a Use and Management Plan amendment. However, for the following reasons, we feel this realignment should proceed immediately: (1) this is a realignment of an approved trail due to landslide damage; (2) the only effected property owner is in agreement; (3) the trail is important to help get bicycle and other trail traffic off the resident's access road; and (4) the soil moisture level for constructing the realignment will soon pass. The Use and Management Committee was advised that the realignment should proceed based upon this informational report to the Board. Mrs. Normandin was informed that we planned to proceed almost immediately. Normally a new trail will be allowed to compact over the first year before being opened to bikes or horses, however most of this trail has already been in place for a year. Crew will use mechanical compaction on the realigned portion to allow the trail to be opened to bikes and horses this season. �a qb 330 Distel Circle • Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX: 650 691 0485 Email:mrosdC«?openspace.org Web site:www.openspace.or ... Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.4itz • General Manager:L.Craig Britton FREMONT W.DER OPEN SPASE PRESERVE f .. 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F`,:;..,..y f. `+:r::;4;,-:.:. .:'t�.!: ffr.:/':+ry,/r:4 : '•:''!}.:'•rr/•,i:,•:;•,•,.,•.;;4:4r. / %�i3if,: / ,Y�:<r.}•r.//! },/' •. ....:..:. :F::..:; •::•'l:':.1.�/f/:::r:•ri::,::':..:..>;};'•}ri,.l.>:F:;•;.;r:r:r.f r::�..../ f'•::•'::•:/! �'F:',:•::'•:.4:.}::}.::,%••:;::::::.:.::..,:.::::: ?l:rif•i?Of r+.:i•.:•r'f,.;::ti?:•• n: : /.,.. r1 ..}�,rf.�J..:r.} ::::.. f :/..•:lr.:../•'i.,/1:•}:••}•::::;r:••,•?`:�f,.•f•,::f;:G!rr}ff/ •%`'�`:: :: .` `%';«.,,/1f 1/,+l/<}r:;:s:;f r �•�' 1f. r.; PRIVATE PROPERTY :•:r:fr::4r;:! f + / r/ /,: %; 1 > f ' EXISTING FORESTS „" } .o 00. f:?•i' SCAIE� " FIGURE 3 APRIL 1998 Bill Prince and Georgia 5tigall 17287 Skyline Blvd #102 Woodside CA 94062-3741 phone: 650.941.1068 email: gotigall@aol.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 24, 1998. RECEIVED j San Mateo County Board of Supervisors 401 Marshall Street AR '2-13.M Redwood City, CA 94061 s Re: Open space in San Mateo County MIDPENINSWL AL OPEN SF, T Dear Board of Supervisors, We write as both advocates for native ecosystems,and as residents adjacent to MROSD lands in the south Skyline region of San Mateo County("La Honda"). The above is our mailing address. We appreciated the opportunity to speak at the recent 4/14/98 Board of Supervisors meeting regarding open space; however there were a few points we neglected to cover. 1) To reiterate,we support the expansion of MROSD and other open space preservation opportunities in San Mateo County. We believe the Skyline region and coastal areas in particular provide a vital"pressure release"and serve as a"backyard"to all residents in our increasingly crowded,but still beautiful county. 2) We oppose the use of eminent domain on lands where people have made their homes and/or legal businesses(as we have stated in our letters to MROSD). 3) We adamantly oppose the large development planned for the Mills Creek watershed(aka Convent property)as being extremely inappropriate for the area. The media and some elected officials have repeatedly mischaracterized this development as a monastery,when in fact this will be a very large development with frequent visitors and increased traffic. 4) As residents of San Mateo County,we were mortified by Supervisor Nevin's gross misrepresentation of the aforementioned Convent issue in his Coast Views article of April 1998 entitled, "Property Predators in Conservationists'Clothing". His use of histrionics and fear-mongering is both unethical and a very poor reflection on our elected officials and our county. We believe Supervisor Nevin or other county representative is obligated to write a retraction in order to correct the record. Lastly,we would like to be notified of future meetings, hearings and so forth regarding open space acquisition and preservation in San Mateo County. We would also like to be notified of future hearings or meetings regarding the Convent property development. Thank you and sincerely, William F. Prince Geor is F. S i all cc: MROSD E ,; k 640 Za& 71tead 2f/acy Ff Recee#oa &5o, e.4 94062 P DD ? 2 Md MIUPENINSULA REGIONAL OPEN SPA('E DISTRICT April 20, 1998 Board of Directors MRO SD 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Member: At the Hikes and Walks Planning meeting last week, I was really struck by how much the docent program has grown over the last couple of years under Cheryl's direction. Measured not only by the number of docents, but as well by the quality and commitment of the individuals, and the depth of their skill and training, it is undeniable that the program has matured into a very visible and valuable asset to the District. I was also happy to see Betsy, Mary, and Jed at the meeting, not just present, but actively participating in the meeting and interacting with the docents. I think that Board Members and docents alike benefit from these opportunities to get to know each other and exchange ideas. As a fellow docent and supporter of MROSD, I'm proud to be a part of your effort to preserve open space and congratulate the Board and District staff for your commitment to this very successful program. Sincerely, Regional Openopace .............. ............... ..................................— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 23, 1998 David Miller Planning Director City of East Palo Alto 2415 University Avenue East Palo Alto, CA 94303 Re: Ravenswood Open Space Preserve Wetland Restoration Dear Mr Miller: Attached for your information is a report to the District's Board on a project to restore the wetland habitat in the 148 acre salt pond area north of Bay Road at Cooley Landing, in the District's Ravenswood Open Space Preserve. The salt pond area is within the limits of the City of Menlo Park. On April 22 the Board authorized an agreement with Rhone-Poulenc, Inc. for the pond to be restored to a natural salt marsh habitat by breaching the existing levee. The work will be done from the Bay side by barge-mounted equipment. Some work is expected to take place in Summer 1998, with the bulk to be completed in Summer 1999. Natural salt marsh vegetati6n is expected to re-establish in the pond over a period of 5 to 10 years after the levee breaching. This will be a considerable improvement to the aesthetics of the preserve as well as to wildlife habitat. Please let me know if there are any questions or comments. Sincerely, Randy Anderson, Senior Planner cc: L. Craig Britton General Manager 330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200 FAX 650-691-0485 * E-mail:mrosd@openspace.org • web site:Wwwopenspace-org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz #General Manager:L.Craig Britton 11-I'LHN IJU"Li i f Lfv i['ILLki[AG April 2I, 1998 Dear Redwood City Tribune Editor, i an-i responding to the Apr ii I Sth getters To the editor regarding thn rent erninent dornain in our foothills I hope the, auqjr)rs of the!titters who rfirf not approve of MPOSD took the fims to provide their views during the public comment phase, rather than simply complaining a}ou!it later, I'm a tax-paying, civic-minded, professional, and I let MROSD know that I supported the,ir tise of eminent domain if it was needed The foothills are quite precious to me, not only for their extraordinary untainted beauty, but for the role they play in the ecology of the Say Area. Despite popular misconception,ownership Of private property is not a Gtod-gsven right. It is part of a social contract in which the property owner is given,by our legal ,ystern certain rights, and in return must shoulder Cer'lain r"Purlsibii;ties.The-re is a balance between the riceds of the individual alid 11le needs of the cornmunity,parlicuiarly one's neighbors. It is for our way of life, this social structurc, that world wars have been fought, not the right to do whatever you darn well pleast,on your land.As part of this, eminent domain is the right of a governing body to take private property for public,benefit, as long as just compensation is made as required by the 5th Amendment of the U.S. Constitution.This process has been used for hundreds of years, usually as a last resort. Governmental bodies everywhere take land from private owners in order to construct highways, build buildings,and install public utilities. As a puOlic,agenCY, INAROSD Was set uP to Preseive open space for public use, both for Present and future generations. Didn't they do just what they are chartered to do? They are nct some band of renegade, eco-'rerrorists bent on taking away peoples'land;these are people concerned with the preservation of our fast-disappearing open space, who worked long and hard to negntiatp less harmful alternatives for the site of the convent I'm glad to see that these efforts are continuing. Would there be a public outcry it a billionaire owned this land and wanted to build an amusement park at the crest of out sacred foothills'? Yes, but it would be in Iavut of MROSD. Ot what if the k I P d land owner wanted to use it as The site of nuclear dunI ? VVOul we be supporting ly RC)S[)? you bet we would! I will continue to support MR0,SJO as they work toward --better future for all us. if you have up;nishs on their work, I encourage all to share with them cori5tructivr,r, fact-based information, rather than engaging in destructive mud-slinging after the fact. Meg Hilbert Redwood City (650) 926.6b57 Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Randy Anderson April 24, 1998 Senior Planner (650) 691-1200 Open Space District Finalizing Regional Open Space Study Los Altos, CA -- The Midpeninsula Regional Open Space District has scheduled a special Board meeting to conclude a two-year process of formulating a vision of the future of open space land preservation on the San Francisco Peninsula. The District's Regional Open Space Study is a region-wide review of existing and potential protected lands,trails, parking areas, camp sites, interpretive and information facilities, and ranger offices,that could complete a greenbelt to protect the quality of life that we currently enjoy. This study has been generated by the District based on extensive input from the public, and many agencies and private organizations active in parks and open space preservation on the peninsula. As a feasibility and planning study, it is not intended as a commitment or approval to implement any specific acquisitions or improvements; rather, it is a tool for ongoing study and discussion as the District pursues its open space preservation mission This special workshop meeting is scheduled for Wednesday, May 6, from 6:00 p.m. to 7:30 p.m. (prior to the regular Board meeting,which starts at 7:30) at the District administrative offices, 330 Distel Circle, Los Altos. Four basic project objectives will be addressed at this workshop: Review the issues and ideas raised during the public participation process.Numerous public and interagency meetings and workshops were held in 1997 to gather input on the District's future course. This included an informal survey on the approach and priorities for District acquisition, public access, and land management. Revisit the District's Basic Policy. The "constitution" of the District was updated at the beginning of the study process, with a commitment to revisit it before the study was complete. Review the draft regional open space study map. The map attempts to show existing major open space and park lands and facilities, and planned or potential lands and facilities that might be desirable to complete the greenbelt. Review the financial implications of the study. A financial model has been created to show the relationship of land acquisition, improvement, and management costs to be used in future planning. (more) 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail:mrosd©openspace.org • Web site:www.openspace.org ^ Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Summaries of the above subjects are available upon request at the District's office, and will be available at the meeting. The draft study map is available for public review, and will be reproduced for distribution after it is finalized. The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems,restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's mission is: "To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and restore the integrity of the natural environment,- and provide opportunities for public enjoyment and education, consistent with ecological values. " The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices.